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PROCEEDING  S 


0  F  T  H  E 


STATE  CONVENTION 


MARYLAND 

•  TO  FRAME 


A  NEW  CONSTITUTION. 


Commenced  at  Annapolis,  April  27,  1864. 


ANNAPOLIS: 

RICHARD  P.  BAYLY,  Printer. 

1864. 


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PROCEEDINGS. 


CHAMBER  OE  THE  HOUSE  OF  DELEGATES. 


WEDNESDAY,  April  27th,  1864. 

This  being  the  day  appointed  for  the  meeting  of  the  Con¬ 
vention  to  Frame  a  New  Constitution  and  Form  of  Govern¬ 
ment  for  the  State, 


At  12  o’clock,  M., 

On  motion  of  Mr.  Hopewell  Hebb,  of  Allegany  county, 


Mr.  Henry  Stockbridge,  of  Baltimore  city,  was  elected  tem¬ 
porary  Chairman. 


On  motion  of  Mr.  Schley,  of  Frederick  county, 

Mr.  Joseph  B.  Pugh,  of  Cecil  county,  was  elected  tempo¬ 
rary  Secretary. 


Mr.  Stirling  submitted  the  following  order: 

Ordered,  That  a  committee  of  five  be  appointed  by  the 
Chair,  to  wait  upon  the  Governor  and  inform  him  that  the 
Convention  to  Frame  a  new  Constitution  and  Form  of  Govern¬ 
ment  for  the  State  of  Maryland,  has  assembled  in  the  Hall  of 
the  House  of  Delegates,  in  accordance  with  the  Act  of  Assem¬ 
bly,  and  his  Proclamation  of  the  14th  instant,  and  effected  a 
temporary  organization ;  and  that  said  Convention  desires  to 
he  informed  by  him  who  are  shown,  by  the  returns  made  to 
him,  to  he  duly  elected  to  seats  in  said  Convention,  and  have 
taken  and  subscribed  before  him  the  oath  prescribed  in  the 
Act  calling  said  Convention ; 

Which  was  adopted. 


I 


The  Chairman  appointed  Messrs.  A.  Stirling,  Jr.,  of  Bal- 
more  city,  J.  S.  Berry,  of  Baltimore  county,  Daniel  Clarke, 
of  Prince  George’s  county,  Albert  C.  Greene,  of  Allegany 
county,  and  William  T.  Purnell,  of  Worcester  county,  a  com¬ 
mittee  in  accordance  with  the  above  order. 


&&095& 


* 


4 


The  committee  retired,  and  after  a  brief  absence  returned 

* 

to  the  Chamber. 

Mr.  Stirling,  Chairman,  reported  that  they  had  performed 
the  duty  assigned  them,  and  the  Governor  would  send  a  mes¬ 
sage  to  the  Convention. 

Mr.  Chambers  submitted  the  following  order: 

Ordered,  That  a  committee  of - members  be  appointed 

by  the  Chair,  to  arrange  the  seats  appropriate  to  the  several 
delegations,  so  as  to  enable  the  delegates  from  each  county  to 
occupy  contiguous  chairs. 

Mr.  Neagley  submitted  the  following  amendment: 

Provided ,  That  the  delegations  of  the  several  counties  who 
are  contiguously  seated,  be  exempted  from  the  operation  of 
the  resolution. 

On  motion  of  Mr.  Todd, 

The  consideration  of  the  subject  was  postponed. 

The  following  message  was  received  from  the  Governor  by 
the  hands  of  Chapman  Harwood,  Esq.: 

EXECUTIVE  DEPARTMENT, 

Annapolis,  April  27,  1864. 

To  the  Convention : 

Gentlemen — In  compliance  with  the  request  contained  in 
your  order  of  this  day,  I  have  the  honor  herewith  to  transmit 
adist  of  the  members  of  the  Convention  elected  on  the  6th 
inst.,  as  appears  by  the  returns  of  the  Judges  of  Election  on 
file  in  this  department.  The  words  “sworn”  or  “affirmed,” 
prefixed  to  some  of  the  names  on  said  list,  indicate  those  who 
have  taken  and  subscribed  the  oath  required  to  be  adminis¬ 
tered  to  members  of  said  Convention  by  the  act  authorizing  it. 

A.  W.  BRADFORD. 

St.  Mary's  County — Chapman  Billingsley,  George  W.  Mor- 
.  gan,  John  F.  Dent. 

Kent  County — Ezekiel  F.  Chambers,  David  C.  Blackiston, 
George  S.  Holly  day. 

Anne  Arundel  County — Oliver  Miller,  Sprigg  Harwood, 
William  B.  Bond,  Eli  J.  Henkle. 

Calvert  County — James  T.  Briscoe,  Dr.  John  Turner,  Chas. 
S.  Parran. 


e 


•"s 


Charles  County — Richard  H.  Edelen,  Frederick  Stone,  John 
W.  Mitchell. 

Baltimore  County — John  S.  Berry,  James  L.  Ridgely,  Wil¬ 
liam  H.  Hoffman,  Edwin  L.  Parker,  David  King,  William 

H.  Mace,  Silas  Larsh. 

Talbot  County — Henry  H.  Goldsborough,  James  Valliant, 
John  F.  Mullikin. 

Somerset  County — Isaac  D.  Jones,  Andrew  G.  Crawford, 
William  H.  Gale,  James  U.  Dennis,  John  C.  Horsey. 

Dorchester  County — Thomas  I.  Dail,  Alward  Johnson,  Dr. 
Washington  A.  Smith,  Thomas  J  Hodson. 

Cecil  County — Thomas  P.  Jones,  George  Earle,  David  Scott, 
Joseph  B.  Pugh. 

Prince  George’ s  County — Daniel  Clarke,  Samuel  H.  Berry, 
Edward  W.  Belt,  Fendall  Marbury. 

Queen  Anne’s  County — John  Lee,  John  Brown,  Pere  Wil- 
mer. 

Worcester  County — Thomas  B.  Smith,  William  T.  Purnell, 
William  H.  W.  Farran,  Francis  T.  Murray. 

Frederick  County — Samuel  Keefer,  Frederick  Schley,  David 

I.  Markey,  Andrew  Annan,  Henry  Baker,  B.  A.  Cunningham, 
Peter  G.  Schlosser. 

Harford  County — William  Galloway,  George  M.  McComas, 
John  A.  Hopper,  Thomas  Russell. 

Caroline  County — Robert  W.  Todd,  James  D.  Carter,  Twi- 
ford  S.  Noble. 

Baltimore  City — Samuel  T.  Hatch,  Baltis  H.  Kennard, 
William  Brooks,  Henry  Stockbridge,  Archibald  Stirling,  Jr., 
Jobn^  Barron,  William  Daniel,  Edwin  A.  Abbot,  Joseph  M. 
Cushing,  John  L.  Thomas,  Jr.,  Joseph  H.  Audoun. 

Washington  County — Henry  W.  Dellinger,  Lewis  B.  Ny¬ 
man,  Peter  Negley,  James  P.  Mayhugh,  Joseph  F.  Davis, 
John  R.  Sneary. 

Montgomery  County — In  this  county  it  appears  by  the  re¬ 
turns  of  the  Judges  of  Election,  that  no  election  was  held  in 
the  fourth  district  of  said  county  in  consequence,  as  it  is  said, 
of  a  military  interference,  and  a  new  election  has  been  ordered 
in  said  district.  In  the  other  districts  in  said  county  the  fol¬ 
lowing  persons  are  declared  to  have  received  the  greatest  num¬ 
ber  of  votes,  viz  :  Thomas  Lansdale,  George  Peter,  Edmund 
P.  Duvall. 


Allegany  County — Albert  C.  Greene,  Hopewell  Hebb,  Geo. 
A.  Thruston,  Jacob  Wickard,  Jasper  Robinette. 

Carroll  County — John  E.  Smith,  Jonas  Ecker,  Dr.  John 
Swope,  William  S.  Wooden. 

Howard  County — Joel  Hopkins,  George  W.  Sands,  James 
Sykes. 

The  roll  was  called  by  the  Secretary,  and  all  the  above 
named  members  responded  except  the  following : 

Messrs.  Henkle,  Thomas,  Briscoe,  Edelen,  Stone,  Mitchell, 
Johnson,  Blackiston,  Lansdale,  Peter,  Duvall,  Marbury,  Bil¬ 
lingsley,  Dent,  Gale,  and  Smith  of  Worcester  county. 

The  members  present  had  previously  qualified  before  the 
Governor,  by  subscribing  to  the  oath  provided  by  the  Act  of 
Assembly,  January  Session,  1864. 

Mr.  Berry,  of  Prince  George’s,  moved  that  the  Convention 
do  now  adjourn  until  to-morrow  at  12  o’clock. 

The  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

On  motion  of  Mr.  Daniel, 

The  Convention  proceeded  to  the  election  of  a  President. 

Mr.  Stirling  nominated  Henry  H.  Goldsborough,  of  Talbot 
county. 

Mr.  Clarke  nominated  Ezekiel  F.  Chambers,  of  Kent 
county. 

Mr.  Chambers  declined  the  nomination. 

The  Convention  proceeded  to  vote  viva  voce  for  President, 
with  the  following  result : 

For  Henry  H.  Goldsborough: 

Messrs.  Greene,  Hebb,  Thruston,  Wickard,  Robinette, 
Hatch,  Kennard,  Brooks,  Stockbridge,  Stirling,  Barron, 
Daniel,  Abbott,  Cushing,  Audoun,  Berry,  of  Balt,  county, 
Ridgely,  Hoffman,  Parker,  King,  Mace,  Larsh,  Smith,  of 
Carroll,  Ecker,  Swope,  Wooden,  Jones,  of  Cecil,  Earle,  Scott, 
Pugh,  Todd,  Carter,  Noble,  Keefer,  Schley,  Markey,  Annan, 
Baker,  Cunningham,  Schlosser,  Galloway,  McComas,  Hopper, 
Russell,  Hopkins,  Sands,  Sykes,  Valliant,  Mullikin,  Dellin¬ 
ger,  Nyman,  Neagley,  Mayhugh,  Davis,  Sneary,  Purnell, 
Farrow,  Murray. 

The  Chairman  announced  that  the  Hon.  Henry  H.  Golds- 


borough,  having  received  fifty-eight  votes,  is  duly  elected 
President  of  the  Convention. 

Mr.  Daniel  moved  that  the  President  appoint  a  committee 
of  three  members  to  wait  upon  the  President  elect,  and  con¬ 
duct  him  to  the  Chair  : 

Which  was  adopted. 

The  Chairman  appointed  Messrs.  William  Daniel,  J\  8. 
Berry,  of  Baltimore  county,  and  Daniel  Clarke,  of  Prince 
George’s. 

The  President  was  conducted  to  the  Chair,  and  addressed 

the  Convention  as  follows  : 

% 

Gentlemen  of  the  Convention  : 

It  is  with  much  diffidence  that  I  enter  upon  the  execution 
of  the  duties  of  presiding  officer  of  this  body.  I  am  well 
aware  of  the  responsibilities  belonging  to  such  a  position  in 
ordinary  times,  greatly  increased  as  they  must  be  in  a  period 
like  the  present,  when  the  passions  of  men  are  aroused  by  the 
exciting  events  of  each  day,  demanding,  in  the  position  I  now 
occupy,  the  exercise  of  more  than  the  usual  amount  of  forbear¬ 
ance  and  control.  I  need  not  remind  you  with  what  solici¬ 
tude  the  people  of  this  State  are  watching  our  proceedings.  I 
am  sure  1  do  not  speak  with  unauthorized  hope  when  1  ven¬ 
ture  the  prediction  that  you  will  bring  to  the  performance  of 
your  several  duties  a  fidelity,  attention,  and  an  enlarged 
patriotism,  equal  to  the  expectation  of  those  who  sent  us  here 
for  the  purpose  of  organizing  anew  the  institutions  under 
which  we  live.  At  any  time  this  is  an  important  duty.  At 
the  present  it  cannot  be  performed  without  a  zealous  deter¬ 
mination  to  do  our  whole  duty  irrespective  of  personal  consid¬ 
erations. 

I  will  not  advert  to  the  present  condition  of  our  State  and 
National  affairs.  I  deem  it  most  prudent  to  leave  these  to  the 
impartial  judgment  of  each  individual  member  ;  and  while 
seeking  to  exclude  from  our  deliberation  all  partisan  preju¬ 
dices,  I  beseech  you  to  devote  yourselves  sedulously  to  the 
work  before  you  ;  and  while  in  the  performance  of  your  du¬ 
ties,  not  to  overlook  that  respect  and  esteem  that  is  due  from 
each  one  to  the  others.  If  I  should  be  successful  in  the  pur¬ 
suit  of  such  a  course,  I  am  confident  that  I  shall  be  sustained 
and  animated  by  the  exhibition  of  a  similar  spirit  on  your 
part.  We  must  expect  to  differ  in  our  views.  Let  us  deter¬ 
mine  to  present,  and  advocate  them  on  all  occasions  in  a 
courteous  manner,  one  becoming  a  dignified  deliberative  body. 
By  respecting  the  opinions  of  each  other  we  shall  be  the  bet- 


8 


ter  prepared  to  submit  with  becoming  grace  to  the  will  of  the 
majority,  that  cardinal  principle  to  be  cherished  by  all  alike 
if  we  sincerely  desire  the  preservation  and  perpetuation  of  free 
institutions. 

Thanking  you  for  this  manifestation  of  your  kind  regard, 
I  now  enter  upon  the  discharge  of  my  duties,  with  the  assur¬ 
ance  of  your  generous  confidence,  and  an  abiding  hope  that 
our  labors  may  redound  to  the  peace,  happiness  and  pros¬ 
perity  of  our  State. 

The  Convention  adjourned  until  12  o’clock,  M.,  to-morrow. 


THURSDAY,  April  28th,  1864. 

The  Convention  met  pursuant  to  adjournment.  Hon. 
Henry  H.  Goldsborough,  President,  in  the  Chair,  and  Mr. 
Joseph  B.  Pugh,  of  Cecil,  acting  as  Secretary. 

Prayer  by  the  Rev.  Mr.  Davenport. 

The  proceedings  of  yesterday  were  read. 

The  qualifications  of  James  T.  Briscoe,  of  Calvert  county, 
Eli  J.  Henkle,  of  Anne  Arundel  county,  Thomas  B.  Smith, 
of  Worcester  county,  Fendall  Marbury,  of  Prince  George’s 
county,  William  H.  Gale,  of  Somerset  county,  were  presented, 
and  the  gentlemen  named  appeared  and  took  their  seats. 

Mr.  Cushing  submitted  the  following  order: 

Ordered,  That  the  following  persons  be  declared  appointed 
to  the  offices  of  this  Convention  for  which  they  are  respectively 
named. 

Secretary — William  R.  Cole,  of  Baltimore  city. 

Assistant  Secretary — John  H.  Shaw,  of  Allegany  county. 

Sergeant-at-Arms — Alfred  D.  Evans,  of  Baltimore  city. 

Committee  Clerks — William  R.  McCulley,  of  Allegany 
county  ;  Thomas  Tipton,  of  Carroll  county  ;  George  Johnson, 
of  Cecil  count}%  and  S.  C.  Gorrell,  of  Harford  county. 

Doorkeepers — Moses  Anders,  of  Frederick  county,  and 
Charles  Whittemore,  of  Baltimore  county. 

Postmaster — A.  J.  Longsdorf,  of  Washington  county. 


9 


Assistant  Postmaster — William  Denny,  of  Howard  county. 

Folders — Collins  Tatman,  of  Caroline  county  ;  Charles 
Collins,  of  Worcester  county. 

Also,  further  ordered,  that  the  President  of  this  Convention 
appoint  four  pages,  one  lamplighter,  and  one  hall-keeper  ; 

Which  was  adopted. 

Mr.  Kennard  submitted  the  following  order  : 

Ordered,  That  a  committee  of  five  members  be  appointed 
by  the  President,  to  prepare  and  report  rules  for  the  govern¬ 
ment  of  the  Convention,  and  that,  in  the  meantime,  the  rules 
of  the  House  of  Delegates,  so  far  as  the  same  are  applicable, 
be  adopted. 

Mr.  Clarke  submitted  the  following  amendment: 

After  the  words  “  Rules  of  the  House  of  Delegates"  insert : 
the  words  u  Except  the  rule  of  the  House  of  Delegates  rela¬ 
ting  to  the  call  of  the  previous  question," 

Decided  in  the  negative; 

The  question  then  recurring  upon  the  adoption  of  the  order 
offered  bv  Mr.  Kennard, 

It  was  adopted. 

William  R.  Cole,  Secretary,  Alfred  D.  Evans,  Sergeant-at- 
Arms,  Thomas  Tipton  and  George  Johnston,  Committee 
Glerks,  Moses  Andrews  and  Charles  Whittemore,  Doorkeep¬ 
ers,  A.  J.  Longsdorf,  Postmaster,  William  Denny,  Assistant 
Postmaster,  and  Collins  Tatman,  Folder,  officers  elect,  were 
qualified  by  the  Governor,  and  entered  upon  the  discharge  of 
their  duties. 

Mr.  Stockbridge  submitted  the  following  order : 

O  o 

Ordered,  That  standing  committees,  to  consist  of  seven 
members  each,  be  appointed  by  the  Chair,  to  take  into  con¬ 
sideration  the  propriety  and  expediency  of  making  any,  and 
if  any  what,  alterations  or  amendments  in  the  several  distinct 
subjects  embraced  in  the  Constitution,  and  confided  to  them 
respectively,  with  the  power  of  conference  between  any  and 
all  of  said  committees,  and  to  report  the  result  of  their  delibe¬ 
rations  to  the  Convention  at  the  earliest  practicable  day,  viz  : 

1st.  A  committee  to  consider  and  report  upon  the  Declara¬ 
tion  of  Rights. 

2nd.  A  committee  to  consider  and  report  upon  the  Execu¬ 
tive  Department. 

3rd.  A  committee  to  consider  and  report  upon  a  proper 
basis  of  Representation  in  the  two  Houses  of  the  General  As- 
9 


10 


sembly,  and  a  proper  apportionment  of  representation  in  the 
same. 


4th.  A  committee  to  consider  and  report  respecting  the  Le¬ 
gislative  Department. 

5th.  A  committee  to  consider  and  report  upon  the  Judici¬ 
ary  System  of  the  State. 

6th.  A  committee  to  consider  and  report  upon  the  State’s 
Attorneys. 

7th.  A  committee  to  consider  and  report  upon  the  Treasury 
Department. 

8th.  A  committee  to  consider  and  report  upon  the  Elective 
Franchise  and  the  qualifications  of  Voters. 

9th.  A  committee  to  consider  and  report  respecting  the 
Militia  and  Military  affairs. 

V 

10th.  A  committee  to  consider  and  report  respecting  Edu¬ 
cation,  and  the  encouragement  of  Literature. 

11th.  A  committee  to  consider  and  report  respecting  the 
rights,  duties,  divisions  and  subdivisions  of  Counties. 

12th.  A  committee  to  consider  and  report  upon  a  schedule 
of  such  provisions  or  ordinances  as  it  may  be  desirable  for  the 
Convention  to  adopt  in  order  to  carry  into  effect  any  amend¬ 
ments  of  the  Constitution  upon  which  it  may  decide. 

13th .  A  committee  to  consider  and  report  respecting  future 
amendments  and  revisions  of  the  Constitution. 

Mr.  Belt,  submitted  the  following  amendment  : 


In  the  3d  committee  provided  for,  to  add  the  following 
words  : 

“  And  said  committee  shall  consist  of  one  member  from 
each  county  and  one  from  the  city  of  Baltimore.” 

The  question  being  on  the  adoption  of  this  amendment, 

The  yeas  and  nays  were  ordered  and  appeared  as  follows  : 


Messrs. 

Goldsborough,  P 
Harwood, 

Bond, 

Henlde, 

Berry,  of  Balt,  co 
Ridgely, 


Affirmative. 

Turner, 
t  Parran, 

Todd, 

Carter, 

Noble, 

.,  Smith,  of  Dor., 
Hodson, 


Berry,  of  P.  G.  co.. 
Belt, 

Marburv, 

Lee, 

Brown, 

Wilmer, 

Morgan, 


11 


King, 

Hopkins, 

Jones  of  Somerset, 

Mace, 

Chambers, 

Crawford, 

Larsh, 

Holly  day, 

Gale, 

Horsey — 33. 

Smith,  of  Carroll,  Clarke, 

Briscoe, 

Negative. 

Messrs.  Greene, 

Parker, 

McComas, 

Hebb, 

Ecker, 

Hopper, 

Russell, 

Thruston, 

Swope, 

Wickard, 

Wooden, 

Sands, 

Robinette, 

Jones,  of  Cecil, 

Yalliant, 

Hatch, 

Earle, 

Mullikin, 

Kennard, 

Scott, 

Dellinger, 

Brooks, 

Pugh, 

Nyman, 

Negley, 

Stockbridge, 

Keefer,  • 

Stirling, 

Schley, 

Mayhugh, 

Barron, 

Markey, 

Davis, 

Daniel, 

Annan, 

Sneary, 

Abbott, 

Baker, 

Smith,  of  Wor., 

Cushing, 

Cunningham, 

Purnell, 

Audoun, 

Hoffman, 

Schlosser, 

Farrow, 

Galloway, 

Murray — 49 . 

So  the  question  upon  the  adoption  of  the  amendment  was 
decided  in  the  negative. 

The  question  then  recurring  upon  the  adoption  of  the  or¬ 
der  offered  by  Mr.  Stockbridge, 

It  was  adopted. 

Mr.  Purnell  submitted  the  following  order  : 

Ordered,  That  a  committee  of  three  be  appointed  to  wait 
on  the  Reverend  Clergy,  resident  of  this  city,  and  request 
them  to  make  an  arrangement  among  themselves  by  which 
one  of  their  number,  alternately,  every  day  will  attend  this 
Convention  and  open  its  sessions  by  prayer. 

Mr.  Stirling  submitted  the  following  amendment : 

Ordered,  That  the  Rev.  Mr.  Davenport,  and  the  Rev. 
Mr.  Patterson  and  the  Rev.  Mr.  Owen  be  appointed  Chap¬ 
lains  to  the  Convention. 

t 

On  motion  of  Mr.  Hebb, 

The  consideration  of  the  subject  was  postponed  until  Wed¬ 
nesday  next,  and  the  President  requested  to  invite  some  Cler¬ 
gyman  to  officiate  each  day  at  the  opening  of  the  Convention. 

Mr.  Stockbridge  submitted  the  following  order  : 


Ordered,  That  standing  committees  to  consist  of  five  mem¬ 
bers  each,  he  appointed  by  the  Chair,  as  follows,  viz : 

1st.  A  committee  on  Accounts. 

2nd.  A  committee  on  Reporting  and  Printing. 

3rd.  A,  committee  on  Engrossment  and  Revision. 

Which  was  adopted. 

Mr.  Ivennard  submitted  the  following  order  : 

Ordered,  That  five  additional  copies  of  the  daily  journal 
be  printed  for  the  use  of  the  Convention,  and  that  an  equal 
number  be  distributed  to  the  members  ; 

Which  was  adopted. 

Mr.  Cushing  submitted  the  following  order: 

Ordered,  That  when  this  Convention  adjourns,  it  shall  be 
to  meet  on  Tuesday  next,  at  noon  : 

Which  was  adopted. 

Mr.  Daniel  submitted  the  following  order  : 

Ordered,  That  the  President  of  this  Convention  be  autho¬ 
rized  to  have  re-arranged  the  seats  on  this  floor,  so  as  the  bet¬ 
ter  to  suit  the  convenience  of  the  members  and  promote  the 
despatch  of  business  ; 

Which  was  adopted. 

Mr.  Ecker  submitted  the  following  order  : 

Ordered,  That  the  hour  of  daily  meeting  of  this  Conven- 
vention  be  at  12  o’clock,  until  further  order  ; 

Which  w^as  adopted. 

Mr.  Kennard  submitted  the  following  order  : 

Ordered,  That  it  be  entered  upon  the  Journal  that  John  L. 
Thomas,  Jr.,  a  member  elect  of  Baltimore  city  to  this  Con¬ 
vention,  is  detained  from  the  Convention  by  indisposition  ; 

Which  was  adopted. 

Mr.  Jones,  of  Somerset,  submitted  the  following  order: 

Ordered,  That  the  President  of  the  Convention  appoint  a 
committee  on  Elections,  to  consist  of  seven  members,  to  re¬ 
port  upon  the  election  and  qualification  of  members  of  this 
Convention  ; 

Which  was  adopted. 


13 


Mr.  Baker  submitted  the  following  order  : 

Ordered,  That  one  copy  of  the  Convention  Law  be  furnished 
each  member  on  Tuesday  morning  next,  by  the  Librarian,  and 
also  one  copy  of  the  Constitution  and  Bill  of  Rights  ; 

Which  was  adopted. 

Mr.  Scott  submitted  the  following  order  : 

Ordered,  That  the  Librarian  be  required  to  furnish  the 
members  and  clerks  of  this  Convention  with  gold  pens  ; 

Which  was  rejected. 

The  Convention  adjourned. 


TUESDAY,  May  3rd,  1864. 

The  Convention  met. 

The  proceedings  of  Thursday  were  read. 

The  qualifications  of  David  C.  Blackiston,  of  Kent  county, 
Chapman  Billingsley,  of  St.  Mary’s  county,  John  L.  Thomas, 
Jr.,  of  Baltimore  city,  and  Alward  Johnson,  of  Dorchester 
county,  were  presented,  and  the  gentlemen  named  appeared 
and  took  their  seats. 

The  following  officers  of  the  Convention,  having  qualified 
before  the  Governor,  entered  upon  the  discharge  of  their  du¬ 
ties:  John  H.  Shaw,  Assistant  Secretary,  S.  C.  Gorrell  and 
William  R.  McCulley,  Committee  Clerks. 

Mr.  Daniel  submitted  the  following  order: 

Ordered,  That  a  vote  of  thanks  be  tendered  to  Mr.  Pugh, 
of  Cecil  county,  for  the  efficient  manner  in  which  he  has  dis¬ 
charged  the  duties  of  temporary  Secretary  of  this  Convention  ; 

Which  was  adopted. 

Mr.  Clarke  submitted  the  following  order : 

Ordered,  That  a  standing  committee,  to  consist  of  seven 
members,  be  appointed  by  the  President  of  the  Convention, 
to  consider  and  report  respecting  the  appointment,  tenure  of 
office,  duties  and  compensation  of  all  civil  officers  not  em¬ 
braced  in  the  duties  of  other  standing  committees. 


14 


On  motion  of  Mr.  Stirling, 

The  consideration  of  the  order  was  postponed  until  after 
the  appointment  of  the  Standing  Committees. 

Mr.  Daniel  submitted  the  following  order: 

Ordered,  That  a  copy  of  all  documents  printed  for  the  use 
of  members  of  the  Convention,  be  furnished  to  each  of  the 
official  reporters,  and  that  the  same  be  furnished  to  each  of 
the  reporters  of  the  press  having  seats  upon  this  floor ; 

Which  was  adopted. 

Mr.  Scott  submitted  the  following  order: 

Whereas,  The  City  Council  of  Baltimore  have  tendered  to 
this  Convention,  free  of  cost,  a  Hall  for  our  sessions;  There¬ 
fore,  ordered,  that  we  accept  their  generous  offer,  and  adjourn 
to  that  city  as  soon  as  the  Convention  are  in  receipt  of  infor¬ 
mation  that  a  suitable  Hall  is  ready  for  our  reception. 

Mr.  Berry,  of  Baltimore  county,  moved  to  lay  the  order  on 
the  table. 


The  yeas  and  nays  being  ordered,  appeared  as  follows  : 

Affirmative. 


Messrs.  Miller, 

Earle, 

Hopkins, 

Bond, 

Pugh, 

Sykes, 

Henkle, 

Briscoe, 

Turner, 

Blackiston, 

St'ockbridge, 

Hollyday, 

Stirling, 

Par  ran. 

Clarke, 

Cushing, 

Dail, 

Berry,  of  P.  Geo., 

Berry,  of  Balt.  co. , 

Johnson, 

Belt, 

Ridgely, 

Smith,  of  Dor., 

Marbury, 

Hoffman, 

Hodson, 

Lee, 

Parker, 

Galloway, 

Brown, 

King, 

McComas, 

Billingsley, 

Ecker, 

Hopper,  — 

Morgan, 

Wooden, 

Russel, 

Negative. 

Davis — 39. 

Messrs.  Hebb, 

Swope, 

Dennis, 

Thruston, 

Jones,  of  Cecil, 

Horsey, 

Wickard, 

Scott, 

Yalliant, 

Robinette, 

Todd, 

Mullikin, 

Hatch, 

Carter, 

Dellinger, 

Kennard, 

Noble, 

Nyman, 

Brooks, 

Keefer, 

Negley, 

Barron, 

Schley, 

Mayhugh, 

Daniel, 

Annan, 

Sneary, 

15 


Abbott, 

Thomas, 

Audoun, 

I  iprcjn 

Smith',  of  Carroll, 


Baker, 

Cunningham, 

Schlosser, 

Crawford, 

Gale, 


Smith,  of  Wor., 
Purnell, 

Farrow, 

Murray — 41. 


So  the  question  upon  the  motion  to  lay  on  the  table,  was 
decided  in  the  negative. 


On  motion  of  Mr.  Schley, 


The  further  consideration  of  the  subject  was  postponed  un¬ 
til  to-morrow  at  one  o’clock. 

Mr.  Billingsley  submitted  the  following  order  : 

Ordered,  That  it  be  entered  upon  the  Journal  that  John  F. 
Dent,  a  member  elect  from  St.  Mary’s  county  to  this  Conven¬ 
tion,  is  absent  from  his  seat  in  consequence  of  the  indisposi- 
sion  of  his  famity; 

Which  was  adopted. 

Mr.  Barron  submitted  the  following  order  : 


Ordered,  That  the  Secretary  of  this  Convention  procure  an 
iron  safe,  in  which  to  deposit  all  the  documents  and  papers 
relating  to  the  business  of  this  Convention,  in  order  to  better 
secure  their  safety; 

Which  was  rejected. 

Mr.  Hoffman  submitted  the  following  order  : 

Ordered,  That  the  Librarian  be  directed  to  furnish  each 
member  of  the  Convention  with  a  copy  of  e ‘American  Con¬ 
stitutions,”  published  by  Lippincott,  of  Philadelphia,  said 
books  to  be  returned  to  the  Librarian  at  the  close  of  the  Ses¬ 
sion  of  the  Convention. 

On  motion  of  Mr.  Daniel, 

The  question  was  divided. 

The  question  being  on  the  adoption  of  the  first  clause  of 
the  order,  viz.,  that  the  Librarian  furnish  the  members  of  the 
Convention  with  a  copy  of  “American  Constitutions,” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  latter 
clause  of  the  order,  viz.,  “that  the  members  return  the  books 
to  the  Librarian,” 

It  was  decided  in  the  negative. 

The  Convention  adjourned. 


16 


WEDNESDAY,  May  4th,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Patterson. 

The  proceedings  of  yesterday  were  read. 

The  qualifications  of  George  Peter  and  Thomas  Landsdale, 
of  Montgomery  county,  and  Richard  H.  Edelin  and  John  W. 
Mitchell,  of  Charles  county,  were  presented,  and  the  gentle¬ 
men  named  appeared  and  took  their  seats. 

The  President  laid  before  the  Convention  a  communication 
from  the  Executive,  in  reference  to  the  election  in  Mont¬ 
gomery  county; 

Which  was  read  and  referred  to  the  Committee  on  Elec¬ 
tions. 

The  President  announced  the  following  Standing  Commit¬ 
tees: 

No.  1.  Committee  on  Declaration  of  Rights — Messrs.  Stir¬ 
ling,  Hebb,  Purnell,  Todd,  Belt,  Chambers  and  Morgan. 

No.  2.  Committee  on  Executive  Department — Messrs.  Greene, 
Mullikin,  Smith,  of  Worcester,  Schley,  Billingsley,  Miller  and 
Parran. 

No.  3.  Committee  on  Basis  of  Representation — Messrs.  Ab¬ 
bott,  Hatch,  Negley,  Pugh,  Berry,  of  Prince  George’s,  Ede¬ 
lin  and  Smith,  of  Dorchester. 

No.  4.  Committee  on  Legislative  Department — Messrs.  Schley, 
Thruston,  Kennard,  Berry,  of  Baltimore  county,  Hollyday, 
Gale  and  Turner. 

No.  5.  Committee  on  Judiciary  Department — Messrs.  Stock- 
bridge,  Hoffman,  Sands,  Earle,  Chambers,  Jones,  of  Somer¬ 
set,  and  Clarke. 

✓ 

No.  6.  Committee  on  State  s  Attorneys — Messrs.  Smith,  of 
Carroll,  Thomas,  Mayhugh,  Daniel,  Briscoe,  Wilmer  and 
Harwood. 

No.  7.  Committee  on  Treasury  Department — Messrs.  Neg¬ 
ley,  Brooks,  Cushing,  Markey,  Dail,  Dennis  and  Mitchell. 

No.  8.  Committee  on  the  Elective  Franchise  and  Qualifica¬ 
tion  of  Voters — Messrs.  Sands,  Smith,  of  Worcester,  Ecker, 
Scott,  Marbury,  Brown  and  Horsey. 


17 


No.  9.  Committee  on  Militia  and  Military  Affairs — Messrs. 
Berry,  of  Baltimore  county,  Thruston,  Barron,  Pugh,  Del¬ 
linger,  Peter  and  Blakistone. 

No.  10.  Committee  on  Education  and  the  Encouragement  of 
Literature — Messrs.  Cushing,  Cunningham,  Jones,  of  Cecil, 
Greene,  Ridgely,  Henkle  and  Hodson. 

No.  11.  Committee  on  the  Plights,  Duties,  Divisions  and  Sub¬ 
divisions  of  Counties — Messrs.  Hebb,  Robinette,  Swope,  Car¬ 
ter,  Sykes,  Duvall  and  Dent. 

No.  12.  Committee  on  such  Provisions  and  Ordinances  as 
may  be  desirable  to  carry  into  effect  Amendments  to  the  Consti¬ 
tution — Messrs.  Ridgely,  Schlosser,  Hopper,  Hopkins,  Craw¬ 
ford,  Stone  and  Lansdale. 

No.  13.  Committee  to  report  future  Amendments  and  Revi¬ 
sions  of  the  Constitution — Messrs.  Todd,  Mace,  Noble,  Annan, 
McComas,  Johnson  and  Lee. 

Committees  of  Five. 

No.  1.  Committee  on  Accounts — Messrs.  Galloway,  Parker, 
Wooden,  Baker  and  Russell. 

No.  2.  Committee  on  Reporting  and  Printing — Messrs. 
Valiant,  Audoun,  Farrow,  Wickard  and  Sneary. 

No.  3.  Committee  on  Engrossment  and  Revision — Messrs. 
Earle,  Nyman,  King,  Murray  and  Dail. 

Committee  of  Seven. 

Committee  on  Elections — Messrs.  Purnell,  Davis,  Larsh, 
Keefer,  Dent,  Bond  and  Brown. 

On  motion  of  Mr.  Peter, 

It  was  ordered  to  he  entered  on  the  Journal  that  Dr.  Ed¬ 
mund  P.  Duvall,  member  elect  for  Montgomery  county,  is 
absent  from  his  seat  in  consequence  of  sickness. 

Mr.  Henkle  submitted  the  following  order : 

Ordered,  That  a  Standing  Committee  of  seven  he  appointed 
by  the  Chair,  to  consider  and  report  upon  a  uniform  system  of 
inspections ; 

Which  was  rejected. 

Mr.  Abbott  submitted  the  following  order : 

Ordered,  That  a  sufficient  number,  for  the  use  of  the  mem¬ 
bers  of  the  Convention,  of  the  list  of  the  Standing  Commit¬ 
tees,  be  printed  in  a  card  form  ; 

3 


18 


Which  was  adopted. 

Mr.  Ecker  submitted  the  following  order  : 

Ordered,  That  the  committee  heretofore  appointed  to  ar¬ 
range  the  seats,  he  required  to  furnish  the  doorkeepers  with 
seats  ; 

Which  was  rejected. 

Mr.  Galloway  submitted  the  following  order : 

Ordered,  That  the  person  having  charge  of  the  State  House 
be  requested  by  the  President  to  hoist  from  its  dome,  each 
dav  during  the  sitting  of  this  Convention,  “the  United  States 
Flag;” 

Which  was  adopted. 

Mr.  Belt  submitted  the  following  order  : 

Ordered,  That  a  Standing  Committee  of  five  members  he 
appointed  to  consider  and  report  upon  Section  49  of  Article  3 
of  the  present  Constitution,  having  reference  to  interest  and 
and  the  usury  laws  ; 

Which  was  adopted. 

The  President  appointed  the  following  committee  in  ac¬ 
cordance  with  the  above  order  :  Messrs.  Belt,  Stockbridge, 
Schley,  Billingsley  and  Todd. 

Mr.  Audoun  submitted  the  following  order  : 

Ordered,  That  the  Chaplain  or  Chaplains  appointed  by  this 
Convention  shall,  before  entering  upon  the  discharge  of  their 
duties,  take  and  subscribe  to  the  same  oath  as  that  adminis¬ 
tered  to  the  members  of  this  Convention  ; 

Which  was  adopted. 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

The  consideration  of  the  order  offered  yesterday  by  Mr. 
Clarke,  for  the  appointment  of  a  4 ‘committee  of  seven  to  con¬ 
sider  and  report  respecting  the  appointment,  tenure  of  office, 
duties  and  compensation  of  all  civil  officers  not  embraced  in 
the  duties  of  other  Standing  Committees,”  was  postponed  un¬ 
til  to-morrow. 

Mr.  Briscoe  submitted  the  following  order  : 

Ordered,  That  the  Comptroller  of  the  Treasury  be  requested 
to  report  to  this  Convention  a  statement  of  the  aggregate 
amount  paid  by  the  State  to  special  counsel  employed  by  the 
Executive,  or  other  officers  of  the  State  since  the  adoption  of 


19 


the  present  Constitution,  and  also  the  amount  paid  to  special 
Judges; 

Which  was  adopted. 

The  order  for  the  appointment  of  Chaplains  to  the  Conven¬ 
tion,  was  taken  up  for  consideration. 

On  motion  of  Mr.  Yalliant, 

The  consideration  of  the  subject  was  further  postponed  un¬ 
til  Wednesday  next. 

Mr.  Abbott  submitted  the  following  resolution  : 

Resolved,  That  this  Convention  take  up  the  Bill  of  Rights 
and  Constitution,  commencing  a  careful  reading  of  the  same 
by  the  Clerk,  that  as  the  sections  are  read  each  member  of  the 
Convention  be  required  to  propose  in  writing  such  alterations 
or  amendments  as  he  may  desire,  which  shall  be  submitted 
without  argument  or  debate  during  the  reading,  all  said  pro¬ 
positions  to  be  printed  and  referred  to  appropriate  committees 
upon  whose  report  ample  opportunity  shall  be  given  for  dis¬ 
cussion  ;  when  the  reading  shall  have  been  finished,  and  each 
member  has  handed  in  his  proposition  to  alter  or  amend.  All 
further  proposition  to  alter  or  amend  shall  be  deemed  out  of 
order. 

Which  was  read  the  first  time. 

The  President  announced  the  following  Committee  on  Rules 
and  Orders  for  the  government  of  the  Convention  : 

Messrs.  Kennard,  Clarke,  Valliant,  Schley  and  Berry,  of 
Prince  George’s. 

Mr.  Todd  submitted  the  following  order  : 

Whereas,  The  Baltimore  City  Council  have  appointed  a 
deputation  of  their  body  to  extend  an  invitation  to  this  Con¬ 
vention  to  transfer  its  session  to  that  city;  therefore, 

Ordered,  That  said  deputation  be,  and  they  are  hereby  in¬ 
vited  to  seats  in  the  Hall  of  this  Convention,  and  to  present 
any  communication  they  may  bear  from  the  said  City  Council 
to  this  body,  to-day  at  one  o’clock. 

Which  was  adopted. 

The  committee  from  the  City  Council  of  Baltimore,  being 
invited  to  seats  upon  the  floor  of  the  Convention,  presented 
the  following,  which  was  read: 


20 


Resolution  of  invitation  to  the  Constitutional  Convention  to 
transfer  its  sessions  from  Annapolis  to  Baltimore. 

Resolved  by  the  Mayor  and  City  Council  of  Baltimore,  That 
an  invitation  he  extended  to  the  Constitutional  Convention, 
now  in  session  at  Annapolis,  to  transfer  its  sessions  from  that 
city  to  Baltimore. 

Resolved,  That  a  joint  committee  of  three  members  from 
each  Branch  he  appointed  to  obtain  a  suitable  Hall  and  accom¬ 
modations  for  said  Convention,  without  delay,  and  that  they 
be  authorized  and  instructed  to  extend  as  soon  as  a  suitable 
plhce  of  meeting  can  he  engaged,  an  invitation  to  the  Consti¬ 
tutional  Convention,  to  transfer  its  sessions  to  the  city  of  Bal¬ 
timore,  and  to  occupy  the  Hall  so  provided,  at  the  expense  of 
the  city. 

Council  Chamber, 

Baltimore ,  April  29th  1864. 

We  hereby  certify  that  the  foregoing  is  a  true  copy  of  a  re¬ 
solution  which  was  adopted  unanimously  by  the  First  and 
Second  Branches  of  the  City  Council  of  Baltimore,  at  their 
session  of  this  date. 

Andrew  J.  Bandell, 
Clerk  First  Branch. 

Wm.  S.  Crowley. 

/ 

Clerk  of  the  Second  Branch. 

The  order  offered  by  Mr.  Scott  on  yesterday,  accepting  the 
invitation  of  the  Citv  Council,  was  then  taken  ud. 

Mr.  Miller  submitted  the  following  as  an  amendment : 

Ordered,  That  this  Convention  having  received  the  invita¬ 
tion  of  the  committee  of  the  Mayor  and  City  Councils  of  Balti¬ 
more  to  transfer  our  sessions  to  that  city,  we  hereby  express 
our  grateful  appreciation  of  that  invitation,  but  most  respect¬ 
fully  decline  to  accept  the  same. 

Mr.  Daniel  moved  the  previous  question. 

The  question  then  being  shall  the  main  question  be  now 
put. 

It  was  decided  in  the  affirmative. 

The  question  recurring  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Miller. 

The  yeas  and  nays  were  ordered  and  appeared  as  follows  : 


21 


Messrs. 

Goldsborough,  P’t 
Greene, 

Hebb, 

Thurston, 

Miller, 

Harwood, 

Bond, 

Henlde, 

Stockbridge, 

Stirling, 

Daniel, 

Cushing, 

Berry,  of  Bait.  co. 
Hoffman, 

Parker, 

King, 

Ecker, 


Messrs.  Wickard, 
Robinette, 

Hatch, 

Kennard, 

Brooks, 

Barron, 

Abbott, 

Thomas, 

Audoun, 

I  /Q  r^h 

Smith’  of  Carroll, 
Swope, 


Affirmative. 

Earle, 

Pugh, 

Briscoe, 

Turner, 

Parran, 

Dail, 

Johnson, 
Smith,  of  Dor. 
Hodson, 
Schley, 
Galloway, 

Me  Co  mas, 

Hopper, 

Russell, 

Sands, 

Sykes, 

Chambers, 

Negative. 

Wooden, 
Jones,  of  Cecil 
Scott, 

Todd, 

Carter, 

Noble, 

Keefer, 

Mar  key, 
Annan, 

Baker, 

Cunningham, 

Schlosser, 


Blackiston, 

Hollyday, 

Landsdale, 

Peter, 

Berry,  of  P.  Geo., 
Belt, 

Marbury, 

Lee, 

Brown, 

Wilmer, 

Billingsley, 

Morgan, 

Horsey, 

Mulliken, 

Nyman, 

Davis, 

Purnell— 51 . 


Hopkins, 

Gale, 

Dennis, 

Valliant, 

Dellinger, 

Negley, 

Mayhugh, 

Sneary, 

Smith,  of  Wor., 
Farrow, 

Murray — 35. 


So  the  question  upon  the  adoption  of  the  amendment  was 
decided  in  the  affirmative. 

Mr.  Stirling  moved  a  reconsideration  of  the  vote  by  which 
the  amendment  was  adopted. 

Mr.  Stockbridge  moved  that  the  consideration  of  the  motion 
be  indefinitely  postponed  ; 

Decided  in  the  affirmative. 

The  Convention  adjourned. 


22 


THURSDAY,  May  5th,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  McNamar. 

The  proceedings  of  yesterday  were  read. 

Mr.  Sands  submitted  the  following  order : 

Ordered,  That  the  following  named  members  be  added  to 
the  Committee  on  the  Judiciary  Department:  Messrs.  Daniel, 
Purnell,  Thruston,  Baker,  Davis  and  Billingsley. 

Mr.  Miller  submitted  the  following  amendment : 

Ordered,  That  the  number  of  the  Committee  on  the  Judi¬ 
ciary  Department  he  increased  by  five  additional  members,  to 
be  appointed  by  the  President. 

On  motion  of  Mr.  Chambers, 

The  whole  subject  was  laid  on  the  table. 

The  order  submitted  by  Mr.  Clarke,  on  Tuesday  last,  “that 
a  Standing  Committee  of  seven  members  be  appointed  by  the 
President  of  the  Convention,  to  consider  and  report  respect¬ 
ing  the  appointment,  tenure  of  office,  duties  and  compensa¬ 
tion  of  all  civil  officers  not  embraced  in  the  duties  of  other 
Standing  Committees,” 

Was  considered  and  adopted. 

The  President  announced  the  following  committee  in  ac¬ 
cordance  with  the  above  order:  Messrs.  Clarke,  Billingsley, 
Thruston,  Daniel,  Baker,  Purnell  and  Davis. 

Mr.  Cushing  submitted  the  following  order  : 

Ordered,  That  a  Standing  Committee  of  seven  be  appointed 
by  the  President,  to  consider  and  report  upon  all  subjects 
brought  before  the  Convention,  which  have  not  been  provided 
for  in  the  duties  assigned  to  the  Committees  already  ap¬ 
pointed. 

The  yeas  and  nays  were  ordered,  and  appeared  as  follows  : 


Affirmative. 


Messrs.  Harwood 
Abbott, 


Cushing, 

Parran, 


Belt,  . 
Negley — 6. 


Messrs. 

G-oldsborough,  P’t 


Negative. 

Wooden, 

Jones,  of  Cecil, 


Blackiston 

Hollowav, 


23 


Hebb, 

23 

Earle, 

Lansdale, 

Thurston, 

Scott, 

Peter, 

Wickard, 

Pugh, 

Clarke, 

Robinette, 

Briscoe, 

Berry,  of  P.  Geo. , 

Miller, 

Turner, 

Marbury, 

Bond, 

Todd, 

Lee, 

Henkle, 

Carter, 

Brown, 

Hatch, 

Noble, 

Wilmer, 

Kennard, 

Keefer, 

Billingsley, 

Brooks, 

Markey, 

Morgan, 

Stockbridge, 

Annan, 

Horsey, 

Barron, 

Thomas, 

Baker, 

Yalliant, 

Cunningham, 

Mullikin, 

Audoun, 

Schlosser, 

Dellinger, 

Berry  of  Balt.  co. , 

Galloway, 

Nyman, 

Hoffman, 

McComas, 

May  hu  gh, 

Parker, 

Hopp*er, 

Davis, 

King, 

Russell, 

Sueary, 

Larsh, 

Hopkins, 

Smith,  of  Wor., 

Smith,  of  Carroll, 

Sands, 

Purnell, 

Ecker, 

Sykes, 

,  Farrow, 

Swope, 

Chambers, 

Murray — 7 1. 

So  the  question  upon  the  adoption  of  the  order,  was  decided 
in  the  negative. 


Mr.  Galloway  submitted  the  following  order  : 

Ordered,  That  S.  C.  Gorrell,  one  of  the  Committee  Clerks, 
he  designated  as  Clerk  to  the  Committee  on  Accounts; 

Which  was  adopted. 

Mr.  Clarke  submitted  the  following  order  : 

Ordered,  That  all  subjects  connected  with  emancipation 
and  the  colored  population  of  the  State,  he  referred  to  the 
Committee  on  the  Declaration  of  Rights. 

On  motion  of  Mr.  Clarke. 

The  consideration  of  the  order  was  postponed. 

Mr.  Berry,  of  Baltimore  county,  asked  to  be  excused  from 
attending  the  session  of  the  Convention  to-morrow,  as  he  was 
summoned  to  Baltimore  on  official  business. 

There  being  no  objection,  he  was  excused. 

Messrs.  Sands,  Barron  and  Kennard,  were  also  excused  from 
attendance  to-morrow. 

Mr.  Stockbridge  moved  that  the  Convention  do  now  ad¬ 
journ. 


24 


Mr.  King  moved,  as  an  amendment,  that  the  Convention 
adjourn  until  Tuesday  next. 

The  question  being  on  the  adoption  of  the  amendment, 

The  yeas  and  nays  were  ordered  and  appeared  as  follows  : 


Affirmative. 


Messrs.  Miller, 

Brooks, 

Parran, 

Harwood, 

Barron, 

Hodson, 

Bond, 

King, 

Peter, 

Henkle, 

Larsh, 

Belt, 

Hatch, 

Briscoe, 

Negative. 

Lee — 15. 

Messrs. 

Scott, 

Blackiston, 

Goldsborough  P’t 

Pugh, 

Holly  day, 

Hebb, 

Turner, 

Lansdale, 

Thurston, 

Todd, 

Clarke, 

Wickard, 

Carter, 

Berry,  of  P.  Geo., 

Kobinette, 

Noble, 

Mar  bury, 

Kennard, 

Keefer, 

Wilmer, 

Stockbridge, 

Markey, 

Morgan, 

Abbott, 

Annan, 

Horsey, 

Cushing, 

Baker, 

Yalliant, 

Thomas, 

Cunningham, 

Mullikfh, 

Audoun, 

Schlosser, 

Dellinger, 

Berry  of  Balt,  co., 

Galloway, 

Nvman, 

Hoffman, 

McComas, 

Negley, 

Parker, 

Hopper, 

Mayhugh, 

Smith,  of  Carroll, 

Bussell, 

Davis, 

Ecker, 

Hopkins, 

Sneary, 

Swope, 

Wooden, 

Sands, 

Purnell, 

Sykes, 

Farrow, 

Murray — 60. 

Jones,  of  Cecil, 
Earle, 

Chambers, 

So  the  question  on  its  adoption  was 
tive. 

decided  in  the  nega* 

The  question  recurring  upon  the  motion  of  Mr.  Stockbridge, 
It  was  decided  in  the*aflirmative. 

The  Convention  adjourned. 

25 


FRIDAY,  May  6th,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Davenport. 

The  proceedings  of  yesterday  were  read. 

The  resolution  submitted  by  Mr.  Abbott  on  Tuesday  last, 
to  wit : 

“That  this  Convention  take  up  the  Bill  of  Rights  and  Con¬ 
stitution.  commencing  a  careful  reading  of  the  same  by  the 
Clerk;  that  as  the  sections  are  read  each  member  of  the  Con¬ 
vention  be  required  to  propose  in  writing  such  alterations  or 
amendments  as  he  may  desire,  which  shall  be  submitted  with¬ 
out  argument  or  debate  during  the  reading,  all  said  proposi¬ 
tions  to  be  printed  and  referred  to  appropriate  committees,  up¬ 
on  whose  report  ample  opportunity  shall  be  given  for  discus¬ 
sion  when  the  reading  shall  have  been  finished  and  each 
member  has  handed  in  his  proposition  to  alter  or  amend  ;  all 
further  proposition  to  alter  or  amend  shall  be  deemed  out  of 
order,” 

Was  taken  up  for  consideration  on  its  second  reading, 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

The  said  resolution  was  referred  to  the  Committee  on  Rules. 

On  motion  of  Mr.  Markev, 

It  was  ordered  to  be  entered  on  the  Journal  that  Frederick 
Schley,  of  Frederick  county,  is  detained  from  his  seat  in  the 
Convention  by  indisposition. 

On  motion  of  Mr.  Morgan, 

It  was  ordered  to  be  entered  on  the  Journal  that  Chapman 
Billingsley,  of  St.  Mary’s  county,  is  detained  from  his  seat  in 
the  Convention  by  indisposition. 

Mr.  McComas  submitted  the  following  order  : 

Ordered,  that  each  delegation  from  the  counties  and  the 
city  of  Baltimore,  designate  some  member  or  members  thereof 
to  ascertain  the  actual  number  of  tax  payers  in  each  county 
and  city  aforesaid,  and  report  the  same  to  the  Committee  on 
Representation,  as  early  as  practicable; 

Which  was  adopted. 

4 


i 


26 


On  motion  of  Mr.  Pugh, 

The  vote  by  which  the  order  was  passed,  was  reconsidered. 

Mr.  Thomas  submitted  the  following  amendment : 

Ordered,  That  the  County  Commissioners  of  the  several 
counties,  and  the  Appeal  Tax  Court  of  the  city  of  Baltimore, 
he  requested  to  furnish  to  this  Convention  a  list  showing  the 
number  of  tax  payers  and  the  aggregate  amount  of  taxes  paid 
by  each  county  and  the  city  of  Baltimore. 

Mr.  Parran  moved  to  refer  the  whole  subject  to  the  Com¬ 
mittee  on  the  Basis  of  Representation  ; 

Decided  in  the  affirmative. 

Mr.  Beriy,  of  Baltimore  county-,  submitted  the  following 
order  : 

Whereas,  The  President  of  the  Convention  has  announced, 
that  Major  Greneral  Lew.  Wallace,  commanding  this  Depart¬ 
ment,  Hon’s.  M.  T.  Odell,  G.  W.  Julien,  B.  F.  Wade,  D. 
W.  Gooch  and  B.  F.  Harding,  members  of  Congress,  are  now 
in  this  city  ;  therefore, 

Ordered,  That  a  committee  be  appointed  to  wait  on  the  above 
named  gentlemen  and  invite  them  to  visit  the  Convention  ; 

Which  was  adopted. 

The  President  appointed  the  following  committee  in  accord¬ 
ance  with  the  above  order  : 

Messrs.  Berry,  of  Baltimore  county,  Purnell,  Daniel,  Hol- 
.  lyday,  and  Berry,  of  Prince  George’s. 

Mr.  Thomas  submitted  a  petition  from  H.  P.  Jordan,  State 
Librarian,  asking  for  an  increase  of  salary; 

Which  was  read,  and  referred  to  the  Committee  on  Civil 
Officers. 

Mr.  Davis  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Legislative  Department 
inquire  into  the  expediency  of  reducing  the  number  of  the  mem¬ 
bers  of  the  House  of  Delegates,  and  of  having  annual  instead 
of  biennial  sessions  of  the  Legislature  ;  A 

Which  was  adopted. 

Mr.  Clarke  submitted  the  following  resolutions : 

Resolved,  That  it  is  inexpedient,  in  the  organization  of  the 


27 


House  of  Delegates,  or  the  Senate,  to  adopt  a  system  of  repre¬ 
sentation  based  exclusively  upon  population. 

Resolved,  That  the  Committee  to  consider  and  report  upon 
a  basis  of  Representation  in  the  two  Houses  of  the  General 
Assembly,  and  a  proper  apportionment  of  representation  in 
the  same,  inquire  into  the  propriety  of  limiting  the  number 
of  members  of  the  House  of  Delegates  to  eighty,  apportioning 
them  among  the  several  counties  of  the  State,  according  to  the 
population  of  each,  allowing  to  Baltimore  city  four  more  dele¬ 
gates  than  are  allowed  to  the  most  populous  county,  and  pro¬ 
viding  that  no  county  shall  be  entitled  to  less  two  members. 

Resolved,  That  in  the  organization  of  the  Senate,  each  coun¬ 
ty  in  the  State  and  the  city  of  Baltimore,  shall  he  entitled  to 
elect  one  Senator  who  shall  serve  for  six  years  from  the  time 
of  election. 

Which  were  read. 

Mr.  Abbott  submitted  the  following  order : 

Ordered,  That  the  printer  and  folders  he  required  to  furnish 
the  members  with  their  five  extra  copies  of  the  Journal,  on 
each  successive  day; 

Which  was  adopted. 

Mr.  Scott  submitted  the  following  order : 

Ordered,  That  when  the  Convention  adjourn,  it  adjourn  till 
Tuesday  next'. 

Mr.  Stirling  moved  to  amend  the  order  by  striking  out 
“Tuesday”  and  inserting  “Monday.” 

The  question  being  on  the  adoption  of  the  amendment, 

It  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  the  original  or¬ 
der, 

On  motion  of  Mr.  Stirling, 

It  was  laid  on  the  table. 

Mr.  Belt  moved  to  reconsider  the  vote  by  which  the  order 
was  laid  on  the  table. 

Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  order, 

The  yeas  and  nays  were  ordered  and  appeared  as  follows : 


28 


Affirmative. 


Messrs.  Harwood, 

Turner, 

Sykes, 

Bond, 

Parran, 

Blackiston, 

Henkle, 

Todd, 

Lansdale, 

Hatch, 

Carter, 

Peter, 

Daniel, 

Noble, 

Belt, 

Abbott, 

Johnson, 

Marbury, 

Thomas, 

Hodson, 

Morgan, 

Scott, 

Markey, 

Jones,  of  Som — 25 

Pugh, 

Negative. 

1 

Messrs. 

Swope, 

Berry,  of  P.  Geo., 

Goldsborough,  P’t 

Wooden, 

Lee, 

Greene, 

Earle, 

Brown, 

Hehb, 

Smith,  of  Dorch’r, 

Wilmer, 

Wickard, 

Keefer, 

Horsey, 

Bobinette, 

Annan, 

Mullikin, 

Miller, 

Baker, 

Cunningham, 

Dellinger, 

Stockbridge, 

Nyman, 

Negley, 

Stirling, 

Schlosser, 

Cushing, 

Galloway, 

Mayhugh, 

Audoun, 

McComas, 

Davis, 

Berry,  of  Balt.  co. 

Hopper, 

Sneary, 

Hoffman, 

Bussell, 

Smith,  of  Wore’ r. 

Parker, 

Hopkins, 

Chambers, 

Purnell, 

King, 

Farrow, 

Larsh, 

Holly  day, 

Murray — 49. 

Ecker, 

Clarke, 

So  the  question  upon  the  adoption  of  the  order  was  decided 

in  the  negative. 

Mr.  Daniel  moved 

that  when  the  Convention  adjourns  it 

adjourn  to  meet  on  Monday  next  at  12  o’clock. 

The  question  being 

on  the  adoption  of  the  motion, 

The  yeas  and  nays 

were  ordered  and  appeared  as  follows  : 

Affirmative. 

Messrs.  Greene, 

Thomas, 

Chambers, 

Hebb, 

Turner, 

Lansdale, 

Miller, 

Parran, 

Peter, 

Harwood, 

Carter, 

Belt, 

Bond, 

Noble, 

Marbury, 

Henkle, 

Smith,  of  Dorch’r, 

Morgan, 

Jones,  of  Somerset 

Hatch, 

Markey, 

Daniel, 

Hopkins, 

Smith,  of  Wor-26 

Abbott, 

Sykes, 

29 


Messrs. 

Negative. 

Earle, 

Clarke, 

Goldsborough,  P’t 

Scott, 

Berry,  of  P.  Geo., 

Wickard, 

Pugh, 

Lee, 

Robinette, 

Todd, 

Brown, 

Stockbridge, 

Johnson, 

Wilmer, 

Stirling, 

Keefer, 

Horsey, 

Cushing, 

Annan, 

Mullikin, 

Dellinger, 

Audoun , 

Baker, 

Berry,  of  Balt.  co. 

Cunningham, 

Nyman, 

Hoffman, 

Schlosser, 

Negley, 

May  h  ugh, 

Parker, 

Galloway, 

King, 

McComas, 

Davis, 

Sneary, 

Larsh, 

Hopper, 

Russell, 

Ecker, 

Purnell, 

Swope, 

Blackiston, 

Farrow, 

Murray — 47. 

Wooden, 

Hollyday, 

So  the  question  upon  the  adoption  of  the  motion  was  de¬ 
cided  in  the  negative. 

The  order  submitted  by  Mr.  Clarke  on  yesterday,  to  wit: 
“that  all  subjects  connected  with  emancipation  and  the  colored 
population  of  the  State,  he  referred  to  the  Committee  on  the 
Declaration  of  Rights,” 

Was  taken  up  for  consideration. 

Mr.  Clarke  submitted  the  following  amendment : 

Ordered,  That  a  Standing  Committee  to  consist  of  seven 
members,  be  appointed  by  the  President  of  the  Convention,  to 
be  styled  “A  Committee  to  consider  and  report  upon  the  Co¬ 
lored  Population  of  the  State.” 

On  motion  of  Mr.  Hebb, 

The  amendment  was  laid  on  the  table. 

Mr.  Negley  submitted  the  following  resolution: 

Resolved,  That  the  true  theory  of  representation  in  popular 
Governments,  is  that  of  representation  according  to  popula¬ 
tion,  except  in  such  cases  where  a  portion  of  the  population  is  * 
denied  the  exercise  of  the  right  of  suffrage,  in  which  case  re¬ 
presentation  ought  to  be  according  to  the  population  endowed 
with  the  elective  franchise; 

Which  was  read. 

Messrs.  Lansdale,  Peter,  Pugh,  Marbury,  Parran  and  Scott 
were  excused  from  attending  the  session  of  the  Convention  to¬ 
morrow. 


i 


30 


Mr.  Daniel  submitted  the  following  order : 

Ordered,  That  a  copy  of  the  Rules  of  the  House  of  Dele¬ 
gates  he  furnished  hy  the  Librarian  to  each  member  of  this 
Convention  ; 

Which  was  rejected. 

The  Convention  adjourned. 


SATURDAY,  May  7th,  1864. 

The  Convention  met. 

Prayer  hy  the  Rev.  Mr.  Owen. 

The  proceedings  of  yesterday  were  read. 

Mr.  Stirling  submitted  the  following  order  : 

Ordered,  That  the  Stenographer  appointed  by  virtue  of  the 
third  section  of  the  Convention  Bill,  is  hereby  appointed  the 
permanent  Stenographer  of  the  Convention. 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

The  said  order  was  referred  to  the  Committee  on  Reporting 
and  Printing. 

The  Convention  adjourned. 


31 


MONDAY,  May  9th,  1864. 

The  Convention  met. 

Prayer  the  Rev.  Mr.  Patterson. 

The  proceedings  of  Saturday  were  read. 

The  resolutions  submitted  by  Mr.  Clarke,  on  Friday  last,  in 
reference  to  representation  in  the  Senate  and  House  of  Dele¬ 
gates, 

Were  taken  up. 

By  general  consent,  the  resolutions  were  amended  by  Mr. 
Clarke,  so  as  to  add,  at  the  end  of  the  second  resolution,  as 
follows : 

‘  Or  in  case  the  said  Committee  shall  determine  that  it  is 
expedient,  in  the  organization  'of  the  House  of  Delegates,  to 
adopt  a  principle  more  nearly  approximating  representation 
according  to  population,  (Baltimore  city  inclusive,)  then  the 
said  Committee  shall  inquire  whether  a  provision  ought  to  be 
inserted  in  the  Constitution  dividing  the  city  of  Baltimore 
into  districts,  each  district  to  elect  two  members  of  the  House 
of  Delegates,  and,  as  the  purity  of  elections  is  the  best  safe¬ 
guard  of  republican  institutions,  providing  for  the  passage 
by  the  Legislature  of  a  registry  law  for  the  whole  State.” 

Mr.  Clarke  also  submitted  the  following: 


% 


32 


Apportionment  of  Representation  in  the  House  of  Delegates , 
under  the  Resolutions  offered  by  Mr.  Clarke ,  of  Prince 
George’ s  county: 


Counties. 

Population  by 

Census  of  1860. 

N umber,  show¬ 
ing  fractional 
part  when  di¬ 
vided  by  7,000 
unit  ot  repre¬ 
sentation,  ex¬ 
cluding  Balti¬ 
more  city. 

No.  of  Del.  to 

which  each  will 
be  entitled.  [, 

Baltimore  citv, . 

' 

212,418 

28,348 

23,900 

54,135 

10,447 

11,129 

24,533 

23,862 

16,517 

20,461 

46,591 

23,415 

13,338 

13,267 

18,322 

12 

12 

4 

Allegany, . 

A  3  4  8 

Anne  Arundel, . 

t,7000 

Q  2  9  0  0 

7  0  TT  0 

*7  5  13  5 

3 

Baltimore  county, . 

8 

Calvert, . 

'•  7  0  0  0 

1  3  4  4  9 

2 

Caroline, . f  _ 

-*-•  7  0  0  0 

1  4  12  9. 

2 

Carroll, . 

x  *  7  0  0  0 

Q  3  5  3  3 

4 

Cecil, . 

u,7000 

Q  2  8  6  2 

°  *  7  0  0  0 

9,  2  5  19 

"*7  OUO 

9  6  4  6  1 

0  0  0 
fi  4.5  9..i_ 

3 

Charles, . 

Dorchester, . 

Frederick, . 

2 

3 

7 

3 

Harford, . 

^  •  7  0  0  0 

Q  2_  4__1_5 

Howard, . 

Kent, . . . 

^  •  7  OOO 

1  6  3  3  8. 

-1  •  7  0  0  0 

1  6.2  6  7. 

2 

•  2 

Montgomery . 

*  *  7  l)  U  l) 

9  4.  3  2  2_ 

3 

Prince  George’s, . 

23,327 

15,961 

•  >  u  u  u 

9  2.  3_  2J7 

o 

Queen  Ann’s, . 

9  J.  9.6.1. 

2 

St.  Mary’s, . 

15,213 

24,992 

9  !  2.1.3. 

2 

Somerset, . 

•  /  OOO 

9  3*9  9  2 
•-'•7  0  0  0 

9 

4 

Talbot, .  . 

14,795 

31,417 

20,661 

2 

Washington, . 

^  *  7  0  0  0 

A  3  4  17 

0  0  0 

9  6  6  6  1 
•  T  0  0  0 

4 

Worcester, . 

3 

Total,. . ! 

687,049 

•* 

80 

The  above  apportionment  is  obtained  by  deducting  from 
the  whole  population  of  the  State,  687,049,  the  population  of 
Baltimore  city,  212,418,  which  leaves  the  population  of  the 
State,  exclusive  of  Baltimore  city,  474,631.  Giving  to  Balti¬ 
more  city  twelve  members,  (four  more  than  Baltimore  county,) 
this  leaves  sixty-eight  members  to  he  apportioned  among  the 
counties  according  to  population,  allowing  no  county  less 
than  two  members.  Dividing  the  population  of  the  counties, 
474,631  by  68,  gives  the  unit  of  representation,  in  round  num¬ 
bers,  7,000.  Then  dividing  the  population  of  each  county  by 


33 


this  unit  of  representation,  and  assigning  to  the  counties  hav¬ 
ing  the  largest  fractions  one  additional  member  until  the 
whole  reaches  eighty  members,  the  above  apportionment  is 
obtained  ; 

Which,  with  the  resolutions, 

On  motion  of  Mr.  Clarke, 

Was  referred  to  the  Committee  on  the  Basis  of  Represen¬ 
tation. 

The  resolution  submitted  by  Mr.  Negley,  on  Tuesday,  in 
reference  to  representation, 

Was  taken  up. 

On  motion  of  Mr.  Stockbridge, 

The  said  resolution  was  referred  to  the  Committee  on  the 
Basis  of  Representation. 

Mr.  Nyman  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Legislative  Depart¬ 
ment  inquire  into  the  propriety  of  abolishing  the  clause  in  our 
present  Constitution  disqualifying  any  Minister  or  Preacher 
of  any  denomination  from  being  eligible  as  Senator  or  Dele¬ 
gate  ; 

Which  was  adopted. 

Mr.  Stockbridge  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Rights,  Duties,  Divi¬ 
sions  and  Sub-divisions  of  Counties,  be  instructed  to  inquire 
into  the  expediency  of  dividing  the  several  counties  of  the 
State  into  Wards  or  Townships;  in  place  of  the  present  Elec¬ 
tion  Districts  ;  such  Wards  or  Townships  to  be  permanent 
political  incorporations,  and  vested  with  all  powers  necessary 
for  their  local  government; 

Which  was  adopted. 

Mr.  Belt  submitted  the  following  resolution: 

Resolved,  That  if  the  principle  contained  in  the  resolution 
of  the  gentleman  from  Washington  county,  be  correct,  in  as¬ 
serting  that,  under  a  republican  system,  population  is  the 
true  basis  of  representation,  excluding  all  classes  not  endowed 
with  the  right  of  suffrage,  then  the  authors  of  the  Constitu¬ 
tion  of  the  United  States  were  uninformed  of  the  principles 
of  republicanism,  in  that  they  admitted  all  free  persons,  and 


34 


even  a  large  proportion  of  slaves,  as  within  the  basis  upon 
which  the  States  are  represented  in  the  Federal  Congress; 

Which  was  read. 

The  Convention  adjourned. 


TUESDAY,  May  10th,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  McNamar. 

The  proceedings  of  yesterday  were  read. 

The  President  laid  before  the  Convention  the  following 
communication  from  the  Comptroller, 

Which  was  read  and  referred  to  the  Committee  on  the  Ju¬ 
diciary  Department,  and  ordered  to  he  printed  on  the  Journal  . 

TREASURY  DEPARTMENT, 

Comptroller’s  Office, 
Annapolis,  May  10 th,  1864. 

To  the  President  of  the  Convention : 

Sir, — In  obedience  to  an  order  of  the  Convention,  adopted 
on  the  4th  instant,  requiring  the  Comptroller  of  the  Treasury 
to  report  <ca  statement  of  the  aggregate  amount  paid  by  the 
State  to  special  counsel  employed  by  the  Executive,  or  other 
officers  of  the  State,  since  the  adoption  of  the  present  Consti¬ 
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the  honor  to  submit  the  following  statements,  A  and  B,  em¬ 
bracing  the  information  asked  for  by  the  Convention. 

Respectfully  yours, 

* 

Henry  H.  Goldsborough, 

Comptroller. 


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STATEMENT  B. 


Payments  to  Special  Judges  from  July  4th,  1851,  to  May  7 th, 

1864. 


From  July  4th,  1851,  to  Sept.  30th,  1854, 

$2,207  60 

For  the  fiscal  year  ending  Sept.  30th,  1855, 

2,117  00 

“  u  iC  u  Sept.  30th,  1856, 

4,547  40 

“  “  “  “  Sept.  30th,  1857, 

3,850  00 

“  “  “  “  Sept.  30th,  1858, 

6,279  20 

“  “  “  “  Sept.  30th,  1859, 

2,032  20 

u  u  fC  <l  Sept.  30th,  1860, 

2,312  20 

u  “  “  “  Sept.  30th,  1861, 

1,933  60 

u  11  li  u  Sept.  30th,  1862, 

1,328  40 

“  “  “  “  Sept.  30th,  1863, 

2,148  00 

From  Sept.  30th,  1863,  to  May  7th,  1864, 

436  90 

$29,492  50 

Mr.  Dellinger  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Executive  Department 
he  instructed  to  inquire  into  the  expediency  of  creating  the 
office  of  Lieutenant  Governor,  and  to  provide  for  his  election  ; 

Which  was  adopted. 

Mr.  Marbury  submitted  the  following  order  : 

Ordered,  That  one  paper  having  the  largest  circulation  in 
each  county,  he  furnished  this  Convention,  to  be  kept  on  file 
in  the  Library,  for  reference,  by  the  members. 

Mr.  Abbott  submitted  the  following  amendment : 

Amend  by  allowing  each  member  to  subscribe  for  one  copy 
of  such  paper  as  he  may  desire. 

On  motion  of  Mr.  Hebb, 

The  order  and  amendment  were  laid  on  the  table. 

Mr.  Galloway  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Judiciary  Department 
he  requested  to  inquire  into  the  expediency  of  changing  the 
Sixth  Judicial  Circuit,  composed  of  Baltimore,  Harford  and 
Cecil  counties,  into  two  separate  and  distinct  Circuits  ; 

Which  was  adopted. 


40 


Mr.  IPebb  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  Accounts  be  requested  to 
fix  the  per  diem  and  mileage  of  the  officers  of  the  Convention; 
and  report  the  same  to  the  Convention  for  its  action  at  as 
early  a  day  as  possible  ; 

Which  was  adopted. 

Mr.  Clarke  submitted  the  following  order: 

Ordered,  That  the  Committee  on  the  Judiciary  inquire  how 
far  this  Convention  is  limited  in  its  powers  by  the  existing 
Constitution  of  the  State,  and  the  act  of  Assembly  providing 
for  the  call  of  the  Convention,  and  report  to  this  Convention 
at  as  early  a  day  as  practicable  ; 

Which  was  rejected. 

The  Convention  adjourned. 


WEDNESDAY,  May  11th,  1864. 

The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Owen. 

The  proceedings  of  yesterday  were  read. 

The  President  laid  before  the  Convention  a  communication 
from  the  Executive,  enclosing  the  returns  of  a  special  election 
held  in  Charles  county,  for  a  delegate  to  the  Convention  ; 

Which  was  read  and  referred  to  the  Committee  on  Elections. 

The  qualifications  of  E.  P.  Duvall,  member  elect  from  Mont¬ 
gomery  county,  and  Peregrine  Davis,  member  elect  from 
Charles  county,  in  the  place  of  Frederick  Stone,  reclined, 
were  presented,  and  the  gentleman  named  appeared  and  took 
their  seats. 

Mr.  Daniel  submitted  the  following  order  : 

Ordered,  That  the  Reverend  Messrs.  Davenport,  Patterson, 
McNemar  and  Owens,  be  requested  to  be  present  alternately, 
at  each  of  the  sessions  of  this  Convention,  and  open  the  same 
with  prayer  ; 

Which  was  adopted. 


41 


The  resolution  submitted  by  Mr.  Belt,  on  Tuesday,  to  wit: 

Resolved,  That  if  the  principle  contained  in  the  resolution 
of  the  gentleman  from  Washington  county  be  correct,  in  as¬ 
serting  that,  under  a  republican  system,  population  is  the  true 
basis  of  representation,  excluding  all  classes  not  endowed  with 
the  right  of  suffrage,  then  the  authors  of  the  Constitution  of 
the  United  States,  were  uninformed  of  the  principles  of  repub¬ 
licanism,  in  that  they  admitted  all  free  persons,  and  even  a 
large  proportion  of  slaves  as  within  the  basis  upon  which  the 
States  are  represented  in  the  Federal  Congress  ; 

Was  taken  up. 

By  general  consent,  the  order  was  withdrawn  by  Mr.  Belt. 

Mr.  Stockbridge  submitted  the  following  order : 

Ordered,  That  the  President  of  this  Convention  be  request¬ 
ed  to  increase  the  Committee  on  the  Judiciary  Department, 
by  adding  thereto  two  members  ; 

Which  was  adopted. 

The  President  appointed  Messrs.  Thruston  and  Daniel,  in 
accordance  with  the  above  order. 

Mr.  Sneary  submitted  the  following  order  : 

Ordered,  That  the  Treasurer  of  the  State  of  Maryland,  up¬ 
on  the  order  of  the  President  of  this  Convention,  pay  to  Alfred 
Miller,  who  has  been  temporarily  discharging  the  duties  of 
Page,  the  per  diem  and  mileage  allowed  to  the  permanent 
Pages,  for  the  number  of  days  of  service  which  he  may  have 
rendered  ; 

Which  was  adopted. 

Mr.  Purnell  submitted  the  following  order : 

Ordered,  That  the  Committee  to  consider  and  report  re¬ 
specting  the  Elective  Franchise,  be  instructed  to  inquire  into 
the  expediency  of  incorporating  into  the  Constitution  an  arti¬ 
cle  extending  the  right  of  suffrage  to  soldiers,  drafted  or  en¬ 
listed  from  this  State  into  the  service  of  the  United  States, 
and  who  may  be  out  of  this  State,  and  in  the  service  of  the 
United  States  at  the  time  of  any  election  in  this  State,  and 
that  the  Legislature  at  its  next  session  provide  by  law  for  the 
holding  an  election  in  the  regiments  to  which  such  soldiers 
may  belong,  under  such  restrictions  and  regulations  as  may 
be  deemed  necessary  to  guard  the  purity  of  the  ballot-box  ; 

Which  was  adopted. 

6 


42 


Mr.  Markey  submitted  the  following  order : 

Ordered,  That  the  Committee  on  the  Judiciary  inquire  in¬ 
to  the  expediency  of  giving  to  the  Orphans’  Courts  of  the  sev¬ 
eral  counties  and  the  city  of  Baltimore,  jurisdiction  over  the 
real  estate  of  persons  dying  intestate  where  the  valuation  there¬ 
of  does  not  exceed  the  sum  of  three  thousand  dollars  ; 

Which  was  adopted. 

Mr.  Mayhugh  submitted  the  following  order : 

Ordered,  That  the  Committee  on  the  Legislative  Depart¬ 
ment  be  directed  to  inquire  into  the  expediency  of  providing 
for  the  disposal  of  the  incorporate  stocks  of  the  State  ; 

Which  was  adopted. 

Mr.  Kidgely  submitted  the  following  order : 

Ordered,  That  the  Committee  on  the  Judiciary,  consider 
whether  by  abolishing  the  fees  of  office,  and  the  substitution 
of  some  other  mode  of  compensation,  or  otherwise,  the  char¬ 
acter  of  the  office  of  Justice  of  the  Peace,  may  not  be  elevated 
and  the  administration  of  the  office  to  be  made  more  efficient 
and  faithful  ;  • 

Which  was  adopted. 

Mr.  Galloway,  from  the  Committee  on  Accounts,  submit¬ 
ted  the  following 

REPORT. 

To  the  Honorable , 

The  Gentlemen  of  the  Convention : 

In  compliance  with  the  order  of  the  Convention,  the  Com¬ 
mittee  on  Accounts  respectfully  report,  that  after  canvassing 
the  various  duties  assigned  to  each,  they  have  allowed  to  each 
.  officer  the  following  sums,  to  wit : 

To  William  R.  Cole,  Secretary,  five  dollars  per  diem  and 
mileage. 

To  John  H.  Shaw,  Assistant  Secretary,  five  dollars  per 
diem  and  mileage. 

To  A.  D.  Evans,  Sergeant-at-Arms,  five  dollars  per  diem 
and  mileage. 

To  each  of  the  Committee  Clerks,  five  dollars  per  diem 
and  mileage. 

To  each  of  the  Post  Masters,  five  dollars  per  diem  and 
mileage. 


43 


To  each  of  the  Doorkeepers,  five  dollars  per  diem  and 
mileage. 

To  each  of  the  Folders,  five  dollars  per  diem  and  mileage. 

-  To  the  Chief  Page,  five  dollars  per  diem  and  mileage. 

To  the  Assistant  Pages,  four  dollars  per  diem  and  mileage. 

To  the  Lamp  Lighter,  four  dollars  per  diem. 

To  each  of  the  Keepers  of  Committee  Rooms,  four  dollars 
per  diem. 

To  Keeper  of  Water  Closets,  four  dollars  per  diem. 

Wm.  Galloway, 
Thomas  Russell, 
Henry  Baker, 

Wm.  S.  Wooden, 

E.  L.  Parker. 

Which  was  read  and  concurred  in. 

Mr.  Scott  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Judiciary  he  instruct¬ 
ed  to  consider  and  report  on  the  propriety  of  electing  the  fol¬ 
lowing  officers  at  an  election  specially  for  that  purpose,  viz.: 
Justices  of  the  Peace,  Constables  and  Road  Supervisors; 

Which  was  adopted. 

The  Convention  adjourned. 


THURSDAY,  May  12th,  1864. 

'flic  Convention  met. 

Prayer  by  the  Rev.  Mr.  McNemar. 

Present  at  the  call  of  the  roll,  the  following  members: 

Messrs.  Goldsborough,  President,  Hebb,  Thurston,  Wick- 
ard,  Robinette,  Miller,  Harwood,  Bond,  Henkle,  Kennard, 
Brooks,  Stockbridge,  Stirling,  Barron,  Daniel,  Abbott, 
Cushing,  Thomas,  Berry,  of  Baltimore  county,  Ridgely, 


44 


Hoffman,  Parker,  King,  Larsh,  Ecker,  Swope,  Wooden, 
Jones,  of  Cecil,  Earle,  Scott,  Pugh,  Turner,  Edelen,  Davis, 
of  Charles,  Mitchell,  Todd,  Carter,  Dail,  Johnson,  Smith,  of 
Dorchester,  Hodson,  Keefer,  Schley,  Markey,  Annan,  Baker, 
Cunningham,  Schlosser,  Galloway,  McComas,  Hopper,  Rus¬ 
sell,  Hopkins,  Sands,  Sykes,  Chambers,  Blackiston,  Hollyday, 
Lansdale,  Peter,  Duvall,  Clarke,  Marbury,  Lee,  Brown, 
Wilmer,  Morgan,  Jones,  of  Somerset,  Crawford,  Gale,  Hor¬ 
sey,  Yalliant,  Mullikin,  Nyman,  Negley,  Mayhugh,  Davis,  of 
Washington,  Sneary,  Smith,  of  Worcester,  Purnell,  Murray. 

The  proceedings  of  yesterday  were  read. 

Mr.  Pugh  submitted  the  following  order  : 

Ordered,  That  there  be  appointed  by  the  President  a  Revis¬ 
ing  Clerk,  whose  duty  it  shall  be  to  correct  the  debates,  as 
directed  by  the  Speaker,  superintend  the  printing  thereof,  in¬ 
dex  the  Journal  of  Proceedings,  the  Debates  and  the  Constitu¬ 
tion,  and  to  perform  such  other  duties  as  may  be  suggested 
by  the  Committee  on  Reporting  and  Printing  ; 

Which  was  adopted. 

Mr.  Bond  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Judiciary  be  instruc- 
ted  to  inquire  into  the  Expediency  of  providing  as  follows : 

1st.  That  there  shall  be  five  Judges  of  the  Court  of  Ap¬ 
peals,  who  shall  hold  office  during  life,  unless  removed  for 
cause,  with  a  salary  of  three  thousand  five  hundred  dollars 
per  annum  each. 

2nd.  That  there  shall  be  one  Judge  for  each  county,  who 
shall  reside  at  or  near  the  capital  or  county  town  of  his  coun¬ 
ty;  who  shall  have  and  exercise  all  the  powers  and  jurisdiction 
in  said  county  of  the  Circuit  Courts  of  the  respective -counties, 
including  the  jurisdiction  in  chancery,  and  also,  in  all  matters 
relating  to  testamentary  affairs,  with  all  the  powers  and  juris¬ 
diction  of  the  Orphans’  Courts;  who  shall  hold  their  offices 
during  life,  unless  removed  for  cause,  with  a  salary  of  three 
thousand  dollars  per  annum  each. 

3rd.  That  the  State  shall  be  divided  into  five  districts,  and 
one  Judge  of  the  Court  of  Appeals  shall  be  elected  by  the 
qualified  voters  in  each  of  said  districts. 

4th.  That  the  State  shall  be  also  divided  into  ten  Judicial 
Districts,  of  two  counties  each,  and  two  Judges  shall  be  in 
like  manner  elected  for  each  of  said  districts,  one  of  whom 
shall  reside  in  each  of  the  counties  composing  the  district. 


45 


5 tli.  That  there  shall  be  two  terms  yearly  in  each  of  said 
counties  for  the  dispatch  of  judicial  business,  in  which  the 
Judge  of  the  Court  of  Appeals  for  the  district  in  which  the 
Court  shall  sit  shall  preside,  so  that  each  Court  shall  be  held 
by  three  Judges,  except  in  cases  of  illness  or  other  necessary 
absence. 

6th.  That  the  Orphans’  Courts  shall  be  abolished. 

T th .  That  a  separate  judicial  system  for  the  city  of  Balti¬ 
more,  shall  be  established. 

Which  was  adopted. 

On  motion  of  Mr.  Hebb, 

It  was  ordered  to  be  entered  on  the  Journal  that  Albert  C. 
Greene  is  absent  from  his  seat  to-day  in  consequence  of  attend¬ 
ance  upon  official  duties  as  Director  of  the  Chesapeake  and 
Ohio  Canal  Company. 

Mr.  Yalliant  submitted  the  following  order: 

Ordered,  That  when  this  Convention  adjourns  to-day,  it 
adjourn  to  meet  on  Wednesday  next,  at  12  o’clock,  and  that 
the  members  be  allowed  pay  for  only  three  of  the  days  inter¬ 
vening  between  to-day  and  the  day  herein  indicated  for  the 
re-assembling  of  the  Convention  ; 

On  motion  of  Mr.  Hebb, 

The  order  was  laid  on  the  table. 

On  motion  of  Mr.  Thurston, 

He  was  excused  from  serving  as  a  member  of  the  Commit¬ 
tee  on  Militia. 

Mr.  Abbott  submitted  the  following  order  : 

Ordered,  That  the  President  of  this  Convention  be  reques¬ 
ted  to  use  all  the  power  that  is  or  may  be  vested  in  him  to 
secure  the  attendance  of  members  to  both  the  sittings  of  the 
Convention  and  meetings  of  the  respective  Committees  ; 

On  motion  of  Mr.  Jones,  of  Somerset, 

The  order  was  laid  on  the  table. 

Mr.  Hebb  submitted  the  following  order  : 

Ordered,  That  the  President  of  the  Convention  be  reques¬ 
ted  to  appoint  two  additional  members  on  the  Committee  on 
Basis  of  Representation,  the  Committee  on  Legislative  De¬ 
partment,  and  the  Committee  on  Elective  Franchise  and 
Qualification  of  Voters ;  % 

Which  was  adopted. 


4fi 


On  motion  of  Mr.  Nyman, 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr.  Del¬ 
linger,  of  Washington  county,  is  absent  from  bis  post  to-day 
in  attendance,  at  Washington  city,  on  official  business. 

Mr.  Sneary  submitted  the  following  order: 

Ordered,  That  the  Committee  on  the  Tenure,  Duties  and 
Compensation  of  all  civil  offices  not  embraced  in  the  duties  of 
the  Standing  Committees,  inquire  into  the  expediency  of  abol¬ 
ishing  the  office  of  Commissioners  of  Public  Works  ; 

Which  was  adopted. 

Mr.  Kennard,  from  the  Committee  on  Rules,  submitted  the 
following  report : 

Which  was  read  and  ordered  to  be  printed. 

REPORT : 

The  Committee  appointed  to  prepare  Rules  for  the  Conven¬ 
tion  beg  leave  respectfully  to  make  the  following  report : 

CONVENTION. 

Rule  1.  The  Convention  shall  not  sit  with  closed  doors,  and 
in  no  case  shall  the  Hall,  where  it  may  be  holding  its  sit¬ 
tings,  be  cleared  of  spectators,  except  in  cases  of  disorder. 

THE  DUTIES  OF  THE  PRESIDENT. 

Rule  2.  The  President  shall  take  the  Chair  every  day  pre¬ 
cisely  at  the  hour  to  which  the  Convention  stands  adjourned  ; 
shall  immediately  call  the  members  to  order  and  after  Divine 
service  has  been  performed,  on  the  appearance  of  a  quorum, 
shall  cause  the  Journal  of  the  preceding  day  to  be  read. 

Rule  3.  The  President  shall  preserve  decorum  and  order  ; 
may  speak  to  points  of  order  in  preference  to  other  members  ; 
shall  decide  questions  of  order,  (unless  the  yeas  and  nays  be 
required,)  subject  to  an  appeal  to  the  House  by  any  two  mem¬ 
bers,  (in  which  appeal  no  member  shall  speak  more  than  once, 
unless  by  leave  of  the  Convention,)  and  he  may  vote  on  every 
question,  except  on  an  appeal  from  the  decision  of  the  Chair 
on  a  question  of  order. 

Rule  4.  The  President  shall  examine  and  correct  the  Jour¬ 
nal  before  it  is  read  ;  he  shall  have  a  general  direction  of  the 
Hall;  he  shall  have  a  right  to  name,  from  time  to  time,  any 
member  to  perform  the  duties  of  the  Chair,  but  such  substi¬ 
tution  shall  not  extend  beyond  a  term  of  days  ; 

he  shall  appoint  all  Committees,  unless  otherwise  directed  by 
the  Convention. 


47 


Rule  5.  No  person  shall  he  admitted  within  the  bar  of  the 
Convention  but  members  of  the  Executive  and  Judiciary  de¬ 
partments,  members  of  the  General  Assembly,  and  such  other 
persons  as  may  be  invited  by  the  President. 

Rule  6.  The  President  (or  Chairman  of  the  Committee  of 
the  Whole)  may  order  the  Lobby  to  be  cleared  in  case  of  dis¬ 
order. 

ORDER  OF  BUSINESS. 

Rule  7. — Section  1.  The  Secretary  shall  read  the  Journal 
of  the  preceding  day;  after  the  reading  thereof,  the  Journal 
may  be  corrected,  unless  one  member  objects.  In  case  of  such 
objection,  a  majority  of  the  members  present  shall  be  required 
to  make  the  desired  correction. 

Sec.  2.  The  presentation  and  disposition  of  petitions,  me¬ 
morials  or  other  papers. 

Sec.  3.  Orders  and  resolutions. 

Sec.  4.  Reports  of  Standing  Committees. 

Sec.  5.  Reports  of  Select  Committees. 

Sec.  6.  Reports  of  Committees  on  their  second  reading. 

Sec.  7.  Reports  of  Committees  on  their  third  reading. 

Sec.  8.  Deferred  or  unfinished  business. 

Sec.  9.  The  order  of  the  day. 

PETITIONS,  MEMORIALS,  ORDERS  AND  RESOLU¬ 
TIONS. 

Rule  8.  Petitions,  memorials,  orders,  resolutions  and  other 
papers,  when  presented,  must  be  endorsed  with  the  name  of 
the  member  by  whom  they  are  presented. 

Rule  9.  All  orders  submitted  to  the  Convention  (after  be¬ 
ing  read)  may  be  acted  upon  immediately,  postponed  or  other¬ 
wise  disposed  of,  as  a  majority  of  the  members  present  may 
direct. 

Rule  10.  Any  subject  matter  before  the  Convention  await¬ 
ing  consideration  may,  on  motion,  (if  a  majority  of  the  Con¬ 
vention  so  determine,)  be  fixed  as  the  order  of  the  day  at  such 
time  as  may  be  directed  under  the  provisions  of  these  Rules. 

Rule  11.  All  orders,  resolutions  and  reports,  or  other  mat¬ 
ter,  after  being  submitted  to  the  Convention,  (when  not  fixed 
for  a  day  certain,)  shall  be  rated  under  the  head  of  “'deferred 


48 


or  unfinished  business/’  and  shall  come  up  for  consideration 
in  the  order  of  time  in  which  they  were  presented. 

ORDER  OF  THE  DAY. 

Rule  12.  The  Order  of  the  Day  shall  not  he  so  fixed  in  point 
of  time  as  to  exclude  the  business  of  the  Convention  in  the 
order  and  divisions  prescribed  under  these  Rules,  but  shall  be 
fixed  so  that  one  hour,  at  least,  from  the  time  of  the  meeting 
of  the  Convention  shall  precede  it  for  the  transaction  of  other 
business.  When  the  time  arrives  for  the  Order  of  the  Day 
to  he  taken  up,  it  shall  have  preference  over  all  other  busi¬ 
ness  except  the  unfinished  business  in  which  the  Convention 
was  engaged  at  the  preceding  adjournment,  under  a  previous 
assignment  as  the  order  of  the  day. 

Rule  13.  Every  subject  matter  proposed  to  be  considered  in 
the  Convention  shall  be  introduced  by  motion  for  leave,  by  an 
order  of  the  Convention,  or  on  the  report  of  a  Committee,  and 
in  either  of  the  two  cases  first  mentioned,  a  Committee  to  pre¬ 
pare  the  same  shall  be  appointed,  unless  the  same  subject 
matter  is  embraced  in  the  duties  assigned  to  one  or  more  of 
the  Standing  Committees. 

Rule  14.  Every  Committee,  reporting  any  Conventional 
business  for  the  consideration  of  the  Convention  embracing 
provisions  for  the  Constitution,  shall  submit  its  reports  (whe¬ 
ther  in  the  form  of  a  majority  or  minority  report)  in  articles, 
and  without  being  accompanied  by  a  written  report,  assign¬ 
ing  reasons  and  arguments  sustaining  the  same. 

Rule  15.  Every  report  from  a  Committee,  containing  articles 
or  sections  proposed  to  be  made  a  part  of  the  Constitution, 
shall  receive  three  readings  in  the  Convention,  on  three  dif¬ 
ferent  days  of  the  session  previous  to  its  adoption,  unless  a 
majority  of  the  members  elected  to  the  Convention  otherwise 
determine;  the  first  of  which  readings  shall  be  by  the  title 
only,  unless  a  majority  of  the  Convention  shall  otherwise 
order. 

Rule  16.  Every  resolution  shall  be  read  on  two  several  days, 
with  an  intermission  of  one  day  at  least,  during  which  time 
it  shall  be  on  the  table  for  the  perusal  of  members,  unless  on 
very  urgent  occasions,  the  Convention  by  special  order,  two- 
thirds  of  the  members  present  agreeing,  dispense  with  the 
Rule,  which  order  shall  be  entered  on  the  Journal. 

Rule  1*7.  No  resolution  shall  have  a  second  reading,  or  a 
report  a  third  reading,  until  every  member  in  the  city  who 
has  not  been  excused  by  the  Convention  for  indisposition,  or 
a  necessary  attendance  on  public  business,  shall  be  called  upon 


49 


to  attend,  if  required,  by  three  members.  But  calls  of  the 
Convention  shall  be  made  is  required  by  seven  members,  at 
any  time,  when  a  subject  is  under  consideration 

Rule  18.  All  resolutions  which  have  been  once  read,  and 
are  entitled  to  a  second  reading,  and  all  reports  which  have 
been  onee  or  twice  read,  and  are  entitled  to  a  second  or  third 
reading  by  the  Rules  of  the  Convention,  shall  be  arranged 
every  morning  agreeably  to  seniority  by  the  Secretary,  placed 
on  the  President's  desk,  taken  up  by  him  in  due  order,  the 
date  of  their  last  reading  announced,  and  read  a  second,  or 
third  time,  although  no  motion  for  a  second  or  third  reading 
may  have  been  made. 

Rule  19.  All  reports  from  Committees  containing  clauses 
proposed  to  be  made  part  of  the  Constitution,  shall  be  entered 
on  the  Journal,  and  also  printed  in  form  similar  to  bills. 

COMMITTEE  OF  THE  WHOLE. 

Rule  20.  The  Convention  shall  be  resolved  into  a  Standing 
Committee  of  the  Whole,  if  required  by  nine  members,  which 
Committee  may  originate  articles  or  clauses  to  be  embodied  in 
the  Constitution.  Reports  of  Committees  containing  clauses 
proposed  to  be  embodied  in  the  Constitution  on  their  third  read¬ 
ing,  and  resolutions  on  their  second  reading  shall,  if  required 
by  seven  members,  be  committed  to  a  Committee  of  the 
Whole. 

Rule  21.  In  forming  a  Committee  of  the  Whole,  the  Presi¬ 
dent  of  the  Convention  shall  leave  his  Chair,  and  a  Chairman 
to  preside  in  Committee  shall  be  appointed  by  the  President. 

Rule  22.  Upon  reports  of  Committees,  resolutions  or  other 
matters  committed  to  a  Committee  of  the  Whole,  the  same 
shall  be  first  read  throughout  by  the  Secretary,  and  then 
again  read  and  considered  by  clauses.  The  body  of  the 
report,  resolution,  or  other  matter,  shall  not  be  defaced  or 
interlined,  but  all  amendments  noting  the  page  and  line  shall 
be  duly  entered  by  the  Secretary  on  separate  paper,  as  the 
same  shall  be  agreed  to  by  the  Committee,  and  so  reported  to 
Convention.  After  report,  the  report,  resolution,  or  other 
matter  shall  again  be  subject  to  be  debated  and  amended  by 
clauses. 

Rule  23.  The  Secretary  shall  keep  a  Journal  of  the  pro¬ 
ceedings  which  take  place  in  Convention  of  the  Whole,  and 
the  same  shall  be  printed  separately  and  appended  after  the 
Journal  of  the  proceedings  of  the  day’s  session. 

7 


50 


OF  DECORUM,  DEBATE,  &c. 

Rule  24.  Every  member  shall  take  liis  seat  when  the  Presi¬ 
dent  takes  the  Chair. 

Rule  25.  No  member  shall  absent  himself  from  the  service 
of  the  Convention  unless  he  have  leave,  or  he  sick,  or  unable 
to  attend. 

Rule  26.  When  a  member  is  about  to  speak  in  debate,  or 
deliver  any  matter  to  the  Convention,  he  shall  rise  from  his 
seat,  uncovered,  and  respectfully  address  himself  to  u  Mr. 
President .”  He  shall  confine  himself  to  the  question  under 
debate;  shall  avoid  personality,  and  shall  use  some  other 
distinction  than  the  proper  name  of  any  other  member  to 
whom  he  may  refer  in  debate. 

Ride  27.  If  two  or  more  members  shall  rise  to  speak  at  the 
same  time,  the  President  shall  determine  which  shall  speak 
first,  and  no  member  shall  speak  more  than  twice  on  the  same 
question;  nor  more  than  once,  until  every  member  choosing  to 
speak  shall  have  spoken. 

Ride  28.  If  any  member  shall,  in  any  manner,  transgress 
the  Rules  of  the  Convention,  the  President  shall,  or  any  mem¬ 
ber  may  call  him  to  order;  in  which  case,  the  member  so 
called  to  order,  shall  immediately  sit  down,  unless  permitted 
to  explain;  and  the  Convention  shall,  if  appealed  to,  decide 
on  the  case,  but  without  debate.  If  there  be  no  appeal,  the 
decision  of  the  Chair  shall  be  submitted  to.  If  the  decision 
be  in  favor  of  the  member  called  to  order,  he  shall  be  at 
liberty  to  proceed;  if  otherwise,  he  shall  not  be  permitted  to 
proceed  without  leave  of  the  Convention;  and,  if  the  case 
require  it,  he  shall  be  liable  to  the  censure  of  the  Convention. 

Rule  29.  No  member  shall  vote  on  any  question  in  any  case 
where  he  was  not  present  when  the  vote  was  taken,  without 
leave  of  the  Convention;  and  upon  a  division  and  count  of  the 
Convention  on  any  question,  no  member  without  the  bar  shall 
be  counted. 

.  Ride  30.  Every  member  who  shall  be  in  the  Convention 
when  the  question  is  put  shall  give  his  vote,  unless  the  Con¬ 
vention,  for  special  reasons,  shall  excuse  him.  And  the 
refusal  of  any  member  present  to  vote,  on  calling  the  yeas 
and  nays,  shall  be  noted  on  the  Journal  at  the  request  of  any 
member. 

Rule  31.  No  member  without  the  permission  of  the  Con¬ 
vention  shall  answer  on  the  yeas  and  nays  who  did  not 
divide  on  the  question;  and  if  any  member  divide  on  one  side 


51 


and  answer  on  the  other  on  calling  the  yeas  and  nays,  the  same 
shall  he  noted  on  the  Journal  at  the  request  of  any  member. 

Rule  32.  No  member  shall  take  out  of  the  Convention  any 
paper  belonging  to  the  Convention,  without  leave  of  the  Presi¬ 
dent. 

Rule  33.  Any  member,  on  motion,  or  in  debate,  may  call 
for  the  reading  of  any  Law,  Journal,  Beeord,  or  other  Public 
Proceedings,  which  may  relate  to  the  subject  matter. 

Rule  34.  The  name  of  every  member  making  a  motion, 
presenting  any  Petition,  Memorial  or  other  Paper,  proposing 
any  Resolution,  Order,  or  other  Matter,  shall  be  inserted  on 
the  Journal;  but  if  any  motion  or  proposition  be  withdrawn, 
all  proceedings  relating  immediately  thereto  shall  be  ex¬ 
punged  from  the  Journal. 

Rule  35.  Whilst  the  President  is  putting  any  question,  or 
addressing  the  Convention,  none  shall  walk  out  or  cross  the 
Hall;  nor  in  such  case,  or  while  a  member  is  speaking,  shall 
hold  private  discourse,  so  as  to  interrupt  debate. 

Rule  36.  When  a  motion  is  made  and  seconded,  it  shall  be 
stated  by  the  President;  or  being  in  writing,  it  shall  be 
handed  to  the  Chair  and  read  aloud  by  the  Secretary  before 
debate;  and  every  motion  shall  be  reduced  to  writing  if  the 
President  or  any  member  require  it. 

Rule  37.  When  a  motion  is  made  and  seconded,  or  when  a 
question  is  under  debate,  the  matter  shall  receive  a  determi¬ 
nation  by  the  question;  or  it  may  be  postponed  by  a  motion 
to  adjourn,  to  lie  on  the  table,  for  the  previous  question,  to 
postpone  to  a  day  certain,  to  commit  or  amend,  to  postpone 
indefinitely;  which  several  motions  shall  have  precedence  in 
the  order  in  which  they  are  arranged. 

Rule  38.  On  a  motion  for  the  previous  question,  on  a  mo¬ 
tion  for  the  main  question,  on  a  motion  to  lie  on  the  table, 
on  a  motion  to  adjourn,  there  shall  be  no  debate. 

Rule  39.  Every  question  shall  be  entered  on  the  Journal, 
and  the  yoas  and  nays  shall  be  taken  when  required  by  five 
members;  and  whenever  the  yeas  and  nays  are  ordered  to  be 
taken,  no  question  of  adjournment  shall  be  received  or  pro¬ 
pounded  by  the  President  until  the  yeas  and  nays  are  called, 
counted  and  reported. 

Rule  40.  Any  member  may  call  for  the  division  of  a  ques¬ 
tion.  which  shall  be  divided,  if  it  comprehend  propositions  in 
substance  so  distinct  that,  one  being  taken  awav,  a  substantive 
proposition  shall  remain  for  the  decision  of  the  Convention. 


52 


Bide  41.  A  motion  to  strike  out  and  insert  shall  be  deemed 
indivisahle;  but  the  matter  proposed  to  be  inserted  may  be 
divided,  if  required,  according  to  the  40th  Rule.  A  motion 
to  strike  out  being  lost,  shall  preclude  neither  amendment 
nor  a  motion  to  strike  out  and  insert.  No  motion  or  propo¬ 
sition  on  a  subject  different  from  that  under  consideration 
shall  he  admitted  under  color  of  amendment. 

Buie  42.  All  questions,  except  on  the  final  passage  of  a  re¬ 
port,  or  a  motion  to  suspend  the  Rules,  or  those  otherwise 
herein  provided  for,  shall  be  determined  by  a  majority  of  the 
members  present;  those  dividing  in  the  affirmative  rising  in 
their  places,  those  in  the  negative  continuing  in  their  seats, 
and  so  vice  versa ,  until  a  decision  by  the  President. 

Bide  43.  The  question  on  the  final  passage  of  any  subject 
matter  shall  always  he  determined  by  yeas  and  nays,  which 
shall  he  recorded  on  the  Journal;  and  unless  it  shall  thus  ap¬ 
pear  that  a  majority  of  the  whole  number  of  members  elected 
to  the  Convention  have  voted  in  the  affirmative,  the  subject 
matter  voted  on  shall  he  declared  rejected. 

Buie  44.  When  a  question  has  once  been  decided  in  the  af¬ 
firmative  or  negative,  a  motion  of  reconsideration  shall  be  in 
order,  if  made  by  one  member  and  seconded  by  two  others 
who  voted  in  the  majority  at  any  time  thereafter;  but  should 
a  report,  on  its  final  passage,  be  declared  rejected  for  the 
want  of  a  majority  of  the  members  elected,  the  motion  for 
reconsideration  may  be  made  by  one  member  and  seconded  by 
two  others  who  voted  in  either  the  affirmative  or  negative; 
and  no  motion  for  reconsideration  shall  be  postponed  or  laid 
on  the  table. 

Bide  45.  Petitions,  memorials  and  other  papers  addressed 
to  the  Convention,  shall  be  presented  by  the  President,  or  by 
a  member  in  his  place;  and  the  object  of  all  petitions  and 
memorials  shall  be  endorsed  on  the  back,  and  entered  on  the 
Journal. 

Buie  46.  The  unfinished  business  in  which  the  Convention 
was  engaged  at  the  preceding  adjournment,  shall  have  the 
preference  in  the  orders  of  the  day;  and  no  motion  or  any 
other  business  shall  be  received  without  the  special  leave  of 
the  Convention,  until  the  former  is  disposed  of. 

Bide  47.  The  Rules  of  Parliamentary  Practice  shall  govern 
the  Convention  in  all  cases  to  which  they  are  applicable, 
and  in  which  they  are  not  inconsistent  with  the  Standing 
Rules  and  Orders  of  the  Convention. 

Bade  48.  Upon  calls  of  the  Convention,  or  in  taking  the 


53 


yeas  and  nays  on  any  question,  the  names  of  the  members 
shall  he  called  alphabetically. 

Rule  49.  The  Rules  may  he  suspended  when  demanded  by 
a  majority  of  the  members  present. 

Rule  50.  Any  fifteen  members,  (including  the  President,) 
shall  he  authorized  to  compel  the  attendance  of  members. 

Buie  51.  No  Committee  shall  sit  during  the  sitting  of  the 
Convention,  without  special  leave. 

Buie  52.  When  a  blank  is  not  filled  up,  and  different 
sums,  numbers  or  times  shall  be  proposed,  the  question  shall 
be  taken  on  the  largest  sum  or  number,  and  on  the  longest 
time. 

Buie  53.  After  a  report  of  any  Committee  (embodying  pro¬ 
posed  provisions  for  the  Constitution)  has  passed  through  its 
second  reading,  the  question  shall  then  be  put  by  the  Presi¬ 
dent  of  the  Convention  “Shall  this  report  be  engrossed  for  a 
third  reading?”  After  any  report  of  a  Committee  has  passed 
to  a  third  reading,  it  shall  not  be  in  order  to  amend  the 
same,  except  by  the  consent  of  the  majority  of  the  members 
elected  to  the  Convention. 

PREVIOUS  QUESTION. 

Buie  54.  There  shall  be  a  “main  question”  and  a  “pre¬ 
vious  question”  in  the  consideration  of  reports  of  Committees. 

Section  1.  The  main  question  on  the  report  of  any  Com¬ 
mittee  shall  only  be  called  after  the  said  report  has  passed  to 
its  third  reading,  and  shall  be  in  this  form:  “Shall  the  main 
question  be  now  put?”  and  when  demanded  b}^  a  majority  of 
the  members  present,  it  shall,  until  it  is  decided,  preclude  all 
further  amendment,  and  debate  on  the  main  question. 

Sec.  2.  The  previous  question  shall  be  in  this  form:  “Shall 
the  previous  question  be  now  put?”  It  may  be  called  on  any 
amendment  offered  to  the  report  of  any  Committee,  when  the 
same  is  on  its  second  reading;  and  wdien  demanded  by  a  ma¬ 
jority  of  the  members  present,  it  shall,  until  it  is  decided, 
preclude  all  further  amendment  and  debate  on  the  question 
before  the  Convention;  but  shall  not  preclude  further  amend¬ 
ments  while  the  said  report  is  on  its  second  reading. 

Sec.  3.  The  Rules  of  Parliamentary  Practice  on  the  call  of 
the  previous  question  on  all  other  subject  sshall  govern  the 
Convention. 

Rule  55.  No  Standing  Rule  or  Order  shall  be  rescinded  or 
changed  without  one  day’s  notice  being  given  of  the  motion 
therefor. 


GENERAL  RULES. 

Hides  defining  the  several  duties  of  the  Secretaries ,  Clerks ,  Offi¬ 
cers  and  Employees  of  the  Convention. 

General  Rules. 

1st.  All  Clerks,  Officers  and  Employees  shall  be  prompt  in 
their  attendance  at  each  opening  of  the  Convention,  and  shall 
remain  at  their  several  posts  during  the  entire  sitting  of  the 
Convention,  ready  to  render  any  service  in  accordance  with  their 
several  duties. 

2d.  No  Clerk,  Officer  or  Employee  shall  be  absent  at  any 
time  during  the  sittings  of  the  Convention,  unless  by  permission 
of  the  President,  nor  absent  himself  from  the  service  of  the 
Convention  unless  by  permission  asked  (in  writing)  and 
obtained  from  the  Convention  during  its  sitting. 

3d.  Upon  proper  information  and  just  complaint,  the  Presi¬ 
dent  is  authorized  to  suspend  any  Clerk,  Officer  or  Employee, 
and  shall  report  the  fact  to  the  Convention  at  its  then  or  next 
sitting. 

THE  SECRETARY 

Shall  keep  a  correct  record  of  the  proceedings  and  the  busi¬ 
ness  of  the  Convention,  and  shall  have  the  same  printed  in 
Journal  form. 

Shall  (under  Rule  4th)  submit  a  proof  copy  of  the  same  to 
the  President  for  examination  and  correction. 

Shall  (under  Rule  2d)  read  to  the  Convention  the  Journal 
of  Proceedings. 

Shall  (under  Rule  18th)  arrange  every  morning  all  Resolu¬ 
tions  which  have  been  read  once  and  are  entitled  to  a  second 
reading,  all  Reports  and  other  matter  which  have  been  read 
once  or  twice ,  and  are  entitled  to  a  second  or  third  reading, 
and  place  the  same  agreeably  to  seniority,  on  the  Presiden’s 
table. 

Shall  certify  and  endorse  with  the  date  all  Orders,  Resolu¬ 
tions,  Reports,  or  matter  which  has  passed  the  Convention. 

THE  ASSISTANT  SECRETARY 

Shall  call  the  roll  each  day  at  the  opening  of  the  Conven¬ 
tion,  read  all  Orders,  Resolutions,  Reports,  and  other  matter 
when  handed  him  by  the  President. 

THE  SERGE ANT-AT- ARMS 

Shall  attend  the  Convention  during  its  sittings,  to  aid  in 
the  enforcement  of  order,  under  the  direction  of  the  President, 


55 


to  execute  the  commands  of  the  Convention  from  time  to  time, 
together  with  all  such  process,  issued  by  authority  thereof  as 
shall  be  be  directed  by  the  President. 

v 

The  symbol  of  his  office  (the  Mace)  shall  be  borne  by  him 
when  in  the  execution  of  his  office. 

THE  COMMITTEE  CLERKS 

Shall  copy  for  the  members  all  manuscripts  handed  them, 
in  proper  form  ;  writing  the  same  in  a  plain  round  hand  ; 
each  line  of  each  section  to  be  numbered,  and  each  line  to 
contain,  say  thirteen  words. 

THE  PAGES 

Shall  each  morning  lay  upon  the  desk  of  the  several  mem¬ 
bers,  a  copy  of  the  printed  Journal  and  all  other  printed 
matter  ordered  by  the  Convention. 

Shall  wait  upon  the  members  in  any  matter  directly  con¬ 
nected  with  the  Convention. 

THE  DOORKEEPERS 

Shall  close  the  doors  leading  into  the  Hall  so  soon  as  the 
Chaplain  commences  prayer,  and  shall  prevent  conversation, 
walking,  or  any  interruption  whatever  outside  the  bar  of  the 
Convention  during  religious  services. 

Shall  close  and  keep  closed  both  doors  of  the  bar  of  the  Con¬ 
vention,  and  take  and  keep  position  directly  thereat,  allowing 
no  person  to  pass  unless  in  strict  conformity  to  the  fifth  Rule, 
viz: 

No  person  shall  be  admitted  within  the  bar  of  the  Conven¬ 
tion  but  members  of  the  Executive  and  Judiciary  depart¬ 
ments,  members  of  the  General  Assembly,  and  such  other 
persons  as  may  be  invited  by  the  President. 

Shall  prevent  any  abuse  of  property  in  the  Lobbies. 

Shall  keep  the  aisles  outside  the  bar  of  the  Convention 
clear,  so  that  the  ingress  and  egress  of  members  shall  not  be 
interrupted. 

Shall  give  full  attention  to  the  comfort  and  seating  in  the 
Lobbies  of  all  visitors. 

THE  POSTMASTER 

Shall,  on  the  arrival  of  the  mails,  promptly  deliver  to  the 
members  all  mail  matter  addressed  to  them,  and  shall  collect 
from  their  desks  all  matter  prepared  for  mailing. 


56 


THE  HALL  KEEPER 

Shall  enforce  proper  decorum  and  order  in  the  Rotunda, 
and  shall  exercise  such  supervision  over  the  Hall  as  to  render 
it  comfortable  and  cleanly. 

Respectfully  submitted, 

BALTIS  H.  KENNARD, 
JAMES  VALLIANT, 
FREDERICK  SCHLEY. 

I  concur  in  the  above  report,  with  the  following  amend¬ 
ments  : 

Amend  Rule  15th  by  striking  out  the  words  “a  majority  of 
the  members  elected,”  and  inserting  “three-fourths  of  the 
members  elected.” 

Amend  by  adopting  in  lieu  of  Rule  forty-nine  the  following 
Rule,  to  be  inserted  as  Rule  fortv-nine  :  “The  Standing  Rules 
of  the  Convention  shall  not  be  suspended  except  by  a  vote  of 
at  least  two-thirds  of  the  members  present.” 

DANIEL  CLARKE. 

Mr.  Duvall  submitted  the  following  order: 

Ordered,  That  the  Chairman  of  the  respective  Standing 
Committees  have  placed  in  some  conspicuous  position  in  the 
Rotunda  notices  of  the  time  and  place  of  the  meetings  of 
their  several  Committees ; 

Which  was  adopted. 

On  motion  of  Mr.  Kennard, 

The  report  of  the  Committee  *on  Rules  was  made  the  order 
of  the  day  for  one  o’clock  to-morrow. 

Mr.  King  submitted  the  following  order  : 

Ordered,  That  when  the  Convention  adjourn  to-morrow,  it 
stand  adjourned  till  12  o’clock  Wednesday  next. 

Mr.  Baker  submitted  the  following  amendment : 

Strike  out  “Wednesday”  and  insert  “Tuesday.” 

Mr.  Kennard  submitted  the  following  amendment  to  the 
amendment : 

Ordered,  That  the  subject  of  adjournment  to  a  day  certain 
be  postponed  until  after  the  regular  business  of  the  day  shall 
have  passed. 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 


57 


It  was  decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  original 
order,  to  wit:  that  when  the  Convention  adjourns  to-morrow, 
it  adjourn  until  Wednesday  next, 

Mr.  Hebb  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs.  Harwood, 
Bond, 

Henkle, 

Brooks, 

Barron, 

Berry,  of  Balt.  co. 
Ridgely, 

King, 

Larsh, 

Swope, 

Jones,  of  Cecil, 
Turner, 

Edelen, 

Mitchell, 

Todd, 


Messrs. 

Goldsborough,  P’t 
Hebh, 

Thurston, 

Wickard, 

Robinette, 

Miller, 

Kennard, 

Stockbridge, 

Stirling, 

Daniel, 

Abbott, 

Cushing, 


Affirm  ati  ve. 

Dail, 

Johnson, 

Smith,  of  Dor., 

Markey, 

Cunningham, 

Schlosser, 

Hopkins, 

Sands, 

Sykes, 

Chambers, 

Blackiston, 

Holly  day, 
Lansdale, 

Peter, 

Duvall, 

Negative. 

Thomas, 

Parker, 

Smith,  of  Carroll, 
Ecker, 

Wooden, 

Earle, 

Scott, 

Pugh, 

Davis,  of  Charles, 
Carter, 

Noble, 

Keefer, 

Schley, 


Clarke, 

Belt, 

Marbury, 

Lee, 

Brown, 

Wilmer, 

Morgan, 

Jones,  of  Som., 

Crawford, 

Horsey, 

Yalliant, 

Mayhugh, 

Davis, 

Sneary — 44. 


Annan, 

Baker, 

Galloway, 

Me  Co  mas, 
Hopper, 

Russell, 

Mullikin, 

Nyman, 

Negley, 

Smith,  of  W or. , 
Purnell, 

Murray — 37. 


So  the  question  upon  the  adoption  of  the  order  was  decided 
in  the  affirmative. 

Mr.  Stirling,  from  the  majority  of  the  Committee  on  the 
Bill  of  Rights,  submitted  the  following  report, 

Which  was  read  and  ordered  to  be  printed  : 

8 


58 


THE  DECLARATION  OF  RIGHTS. 

We,  the  people  of  the  State  of  Maryland,  grateful  to  Al¬ 
mighty  God  for  our  civil  and  religious  liberty,  and  taking 
into  our  serious  consideration  the  best  means  of  establishing 
a  good  Constitution  in  this  State  for  the  sure  foundation  and 
more  permanent  security  thereof,  declare: 

Article  1.  That  all  government  of  right  originates  from 
the  people,  is  founded  in  compact  only,  and  instituted  solely 
for  the  good  of  the  whole  ;  and  they  have  at  all  times  the  un¬ 
alienable  right  to  alter,  reform  or  abolish  their  form  of  gov¬ 
ernment  in  such  manner  as  they  may  deem  expedient. 

Art.  2.  That  the  people  of  this  State  ought  to  have  the  sole 
and  exclusive  right  of  regulating  the  internal  government 
and  police  thereof. 

Art.  3.  That  the  inhabitants  of  Maryland  are  entitled  to 
the  common  law  of  England,  and  the  trial  by  jury  according 
to  the  course  of  that  law,  and  to  the  benefit  of  such  of  the 
English  statutes  as  existed  on  the  fourth  day  of  July,  seven¬ 
teen  hundred  and  seventy-six,  and  which,  by  experience,  have 
been  found  applicable  to  their  local  and  other  circumstances, 
and  have  been  introduced,  used  and  practiced  by  the  courts  of 
law  or  equity,  and  also  of  all  Acts  of  Assembly  in  force  on 
the  first  day  of  June,  eighteen  hundred  and  sixtv-four. 
except  such  as  may  have  since  expired  or  may  be  incon¬ 
sistent  with  the  provisions  of  this  Constitution,  subject,  never¬ 
theless,  to  the  revision  of  and  amendment  or  repeal  by  the 
Legislature  of  this  State  ;  and  the  inhabitants  of  Maryland 
are  also  entitled  to  all  property  derived  to  them  from  or 
under  the  charter  granted  by  his  Majesty,  Charles  the  First, 
to  Cecilius  Calvert,  Baron  of  Baltimore. 

Art.  4.  That  the  Constitution  of  the  United  States,  and  the 
laws  made  in  pursuance  thereof,  being  the  supreme  law  of  the 
land,  every  citizen  of  this  State  owes  paramount  allegiance  to 
the  Constitution  and  Government  of  the  United  States,  and  is 
not  bound  by  any  law  or  ordinance  of  this  State  in  contraven¬ 
tion  or  subversion  thereof. 

*  j 

Art.  5.  That  all  persons  invested  with  the  Legislative  or 
Executive  powers  of  government  are  the  trustees  of  the  pub¬ 
lic,  and  as  such,  accountable  for  their  conduct  ;  wherefore, 
whenever  the  ends  of  government  are  perverted,  and  public 
liberty  manifestly  endangered,  and  all  other  means  of  redress 
are  ineffectual,  the  people  may  and  of  right  ought  to  reform 
the  old  or  establish  a  new  Government.  The  doctrine  of  non- 
resistance  against  arbitrary  power  and  oppression  is  absurd, 


59 


slavish  and  destructive  of  the  good  and  happiness  of  man¬ 
kind. 

Art.  6.  That  the  right  of  the  people  to  participate  in  the 
Legislature  is  the  best  security  of  liberty  and  the  foundation 
of  all  free  Government;  for  this  purpose  elections  ought  to  be 
free  and  frequent,  and  every  free  white  male  citizen  having 
the  qualifications  prescribed  by  the  Constitution  ought  to 
have  the  right  of  suffrage. 

Art.  L  That  the  legislative,  executive  and  judicial  powers 
of  Government  ought  to  be  forever  separate  and  distinct  from 
each  other,  and  no  person  exercising  the  functions  of  one  of 
said  departments  shall  assume  or  discharge  the  duties  of  any 
other. 

Art.  8.  That  no  power  of  suspending  laws  or  the  execution 
of  laws,  unless  by  or  derived  from  the  Legislature,  ought  to 
be  exercised  or  allowed. 

Art.  9.  That  freedom  of  speech  and  debate  or  proceedings 
in  the  Legislature  ought  not  to  be  impeached  in  any  court  of 
judicature. 

Art.  10.  That  Annapolis  be  the  place  for  the  meeting  of 
the  Legislature,  and  the  Legislature  ought  not  to  be  convened 
or  held  at  any  other  place  but  from  evident  necessity. 

Art.  11.  That  for  the  redress  of  grievances,  and  for  amend¬ 
ing,  strengthening  and  preserving  the  laws,  the  Legislature 
ought  to  be  frequently  convened. 

Art.  12.  That  every  man  hath  a  right  to  petition  the  Legis¬ 
lature  for  the  redress  of  grievances,  in  a  peaceable  and  orderly 
manner. 

Art.  13.  That  no  aid,  charge,  tax,  burthen  or  fees  ought 
to  be  rated  or  levied,  under  any  pretence,  without  the  consent 
of  the  Legislature. 

Art.  14.  That  the  levying  of  taxes  by  the  poll  is  grievous 
and  oppressive,  and  ought  to  be  abolished  ;  that  paupers 
ought  not  to  be  assessed  for  the  support  of  the  Government, 
but  every  other  person  in  the  State,  or  person  holding  pro¬ 
perty  therein,  ought  to  contribute  his  proportion  of  public 
taxes  for  the  support  of  Government,  according  to  his  actual 
worth  in  real  or  personal  property  ;  yet  fines,  duties  or  taxes 
may  properly  and  justly  be  imposed  or  laid  on  persons  or  pro¬ 
perty,  with  a  political  view,  for  the  good  government  and 
benefit  of  the  community. 

Art.  15.  That  sanguinary  laws  ought  to  be  avoided  as  far 
as  it  is  consistent  with  the  safety  of  the  State  ;  and  and  no 


60 


law  to  inflict  cruel  and  unusual  pains  and  penalties  ought  to 
be  made  in  any  case,  or  at  any  time  hereafter. 

Art.  16.  That  retrospective  laws,  punishing  acts  committed 
before  the  existence  of  such  laws,  and  by  them  only  declared 
criminal,  are  oppressive,  unjust  and  incompatible  with  lib¬ 
erty  ;  wherefore,  no  ex  post  facto  law  ought  to  be  made. 

Art.  17.  That  no  law  to  attaint  particular  persons  of  trea¬ 
son  or  felony  ought  to  be  made  in  any  case,  or  at  any  time 
hereafter. 

Art.  18.  That  every  man,  for  any  injury  done  to  him  in 
his  person  or  property,  ought  to  have  remedy  by  the  course 
of  the  law  of  the  land,  and  ought  to  have  justice  and  right, 
freely  without  sale,  fully  without  any  denial,  and  speedily 
without  delay,  according  to  the  law  of  the  land. 

Art.  19  That  the  trial  of  facts  where  they  arise  is  one  of 
the  greatest  securities  of  the  lives,  liberties,  and  estate  of  the 
people. 

Art.  20.  That  in  all  criminal  prosecutions  every  man  hath 
a  right  to  be  informed  of  the  accusation  against  him;  to  have 
a  copy  of  the. indictment  or  charge,  in  due  time  (if  required) 
to  prepare  for  his  defence;  to  be  allowed  counsel  ;  to  be  con¬ 
fronted  with  the  witnesses  against  him  ;  to  have  process  for 
his  witnesses  ;  to  examine  the  witnesses  for  and  against  him 
on  oath  ;  and  to  a  speedy  trial  by  an  impartial  jury,  without 
whose  unanimous  consent  he  ought  not  to  be  found  guilty. 

Art.  21.  That  no  man  ought  to  be  compelled  to  give  evi¬ 
dence  against  himself  in  a  criminal  case. 

Art.  22.  That  no  man  ought  to  be  taken  or  imprisoned,  or 
disseized  of  his  freehold,  liberties  or  privileges,  or  outlawed, 
or  exiled,  or  in  any  manner  destroyed,  or  deprived  of  his  life, 
liberty  or  property,  but  by  the  judgment  of  his  peers,  or  by 
the  law  of  the  land. 

Art.  23.  That  hereafter,  in  this  State,  there  shall  be  neither 
slavery  nor  involuntary  servitude,  except  in  punishment  of 
crime,  whereof  the  party  shall  have  been  duly  convicted ;  and 
all  persons  held  to  service  or  labor  as  slaves  are  hereby  de¬ 
clared  free. 

Art.  24.  That  excessive  bail  ought  not  to  be  required,  nor 
execssive  fines  imposed,  nor  cruel  or  unusual  punishment  in¬ 
flicted  by  the  courts  of  law. 

Art.  25.  That  all  warrants,  without  oath  or  affirmation, 
to  search  suspected  places,  or  to  seize  any  person  or  property, 
are  grievous  and  oppressive;  and  all  general  warrants  to 


61 


search  suspected  places,  or  to  apprehend  suspected  persons 
without  naming  or  describing  the  place,  or  the  person  in 
special,  are  illegal,  and  ought  not  to  he  granted. 

Art.  26.  That  no  conviction  shall  work  corruption  of  blood, 
or  forfeiture  of  estate. 

Art.  27.  That  a  well  regulated  militia  is  the  proper  and 
natural  defence  of  a  free  government. 

Art.  28.  That  standing  armies  are  dangerous  to  liberty, 
and  ought  not  to  be  raised  or  kept  up  without  the  consent  of 
the  Legislature. 

Art.  29.  That  in  all  cases,  and  at  all  times,  the  military 
ought  to  be  under  strict  subordination  to  and  control  of  the 
civil  power. 

Art.  30.  That  no  soldier  shall  in  time  of  peace  be  quarter¬ 
ed  in  any  house  without  the  consent  of  the  owner,  nor  in  time 
of  war  except  in  the  manner  prescribed  by  law. 

Art.  31.  That  no  person,  except  regular  soldiers,  mariners, 
and  marines,  in  the  service  of  this  State,  or  militia  when  in 
actual  service,  ought  in  any  case  be  subject  to,  or  punishable 
by,  martial  law. 

Art.  32.  That  the  independency  and  uprightness  of  Judges 
are  essential  to  the  impartial  administration  of  justice,  and  a 
great  security  to  the  rights  and  liberties  of  the  people;  where¬ 
fore  the  Judges  shall  not  be  removed,  except  for  misbehavior, 
on  conviction  in  a  court  of  law,  or  by  the  Governor,  upon  the 
address  of  the  General  Assembly;  provided ,  that  two- thirds 
of  all  the  members  of  each  House  concur  in  such  address. 
No  Judge  shall  hold  any  other  office,  civil  or  military,  or  po¬ 
litical  trust  or  employment  of  any  kind  whatsoever,  under  the 
Constitution  or  Laws  of  this  State,  or  of  the  United  States, 
or  any  of  them,  or  receive  fees  or  perquisites  of  any  kind  for 
the  discharge  of  his  official  duties. 

Art.  33.  That  a  long  continuance  in  the  executive  depart¬ 
ments  of  power  or  trust  is  dangerous  to  liberty;  a  rotation, 
therefore,  in  those  departments  is  one  of  the  best  securities  of 
permanent  freedom. 

Art.  34.  That  no  person  ought  to  hold  at  the  same  time 
more  than  one  office  of  profit,  created  by  the  Constitution  or 
Laws  of  this  State;  nor  ought  any  person  in  public  trust  to 
receive  any  presents  from  any  Foreign  Prince,  or  State,  or 
from  the  United  States,  or  any  of  them,  without  the  approba¬ 
tion  of  this  State. 


62 


Art.  35.  That  as  it  is  t’he  duty  of  every  man  to  worship 
God  in  such  manner  as  he  thinks  most  acceptable  to  him,  all 
persons  are  equally  entitled  to  protection  in  their  religious 
liberty;  wherefore,  no  person  ought  by  any  law,  to  be  molest¬ 
ed  in  his  person  or  estate,  on  account  of  his  religious  persua¬ 
sion  or  profession,  or  for  his  religious  practice,  unless  under 
the  color  of  religion  any  man  shall  disturb  the  good  order, 
peace,  or  safety  of  the  State,  or  shall  infringe  the  laws  of  mo¬ 
rality,  or  injure  others  in  their  natural,  civil  or  religious 
rights;  nor  ought  any  person  to  he  compelled  to  frequent  or 
maintain  or  contribute,  unless  on  contract,  to  maintain  any 
place  of  worship  or  any  ministry;  nor  shall  any  person  he 
deemed  incompetent  as  a  witness  or  juror,  who  believes  in  the 
existence  of  a  God,  and  that  under  his  dispensation  such  per¬ 
sons  will  he  held  morally  accountable  for  his  acts,  and  he  re¬ 
warded  or  punished  therefor,  either  in  this  world  or  the  world 
to  come. 

Art.  36.  That  no  other  test  or  qualification  ought  to  he 
required  on  admission  to  any  office  of  trust  or  profit,  than 
such  oath  of  office  as  may  he  prescribed  by  this  Constitu¬ 
tion,  or  by  the  laws  of  the  State,  and  a  declaration  of 
belief  in  the  Christian  religion;  and  if  the  party  shall 
profess  to  be  a  Jew,  the  declaration  shall  be  of  his  belief  in  a 
future  state  of  rewards  and  punishments. 

Art.  37.  That  every  gift,  sale  or  devise  of  land,  to  any 
minister,  public  teacher  or  preacher  of  the  gospel,  as  such,  or 
to  any  religious  sect,  order  or  denomination,  or  to  or  for  the 
support,  use  or  benefit  of,  or  in  trust  for  any  minister,  public 
teacher  or  preacher  of  the  gospel  as  such,  or  any  religious 
sect,  order  or  denomination  and  every  gift  or  sale  of  goods  or 
chatties  to  go  in  succession,  or  to  take  .place  after  the  death  of 
the  seller  or  donor,  to  or  for  such  support,  use  or  benefit;  and 
also,  every  devise  of  goods  or  chattels,  to  or  for  the  support, 
use  or  benefit  of  any  minister,  public  teacher  or  preacher  of 
the  gospel,  as  such;  or  any  religious  sect,  order  or  denomina¬ 
tion,  without  the  leave  of  the  Legislature,  shall  be  void;  ex¬ 
cept  always,  any  sale,  gift,  lease  or  devise  of  any  quantity  of 
land  not  exceeding  five  acres,  for  a  church,  meeting  house  or 
other  house  of  worship,  or  parsonage,  or  for  a  burying  ground, 
which  shall  be  improved,  enjoyed  or  used  only  for  such  pur¬ 
pose;  or  such  sale,  gift,  lease  or  devise  shall  be  void. 

Art.  38.  That  the  manner  of  administering  an  oath  or  af¬ 
firmation  to  any  person,  ought  to  be  such  as  those  of  the  re¬ 
ligious  persuasion,  profession  or  denomination,  of  which  he  is 
a  member,  generally  esteem  the  most  effectual  confirmation 
by  the  attestation  of  the  ^Divine  Being. 


63 


Art.  39.  That  the  liberty  of  the  press  ought  to  be  inviola¬ 
bly  preserved. 

Art.  40.  That  monopolies  are  odious,  contrary  to  the  spirit 
of  a  free  government  and  the  principles  of  commerce,  and 
ought  not  to  be  suffered. 

Art.  41.  That  no  title  of  nobility  or  hereditary  honors 
ought  to  be  granted  in  this  State. 

Art.  42.  That  the  Legislature  ought  to  encourage  the  dif¬ 
fusion  of  knowledge  and  virtue,  the  extension  of  a  judicious 
system  of  general  education,  the  promotion  of  literature,  the 
arts,  sciencies,  agriculture,  commerce  and  manufactures,  and 
the  general  melioration  of  the  condition  of  the  people. 

Art.  43.  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

Art.  44.  That  this  Constitution  shall  not  be  altered,  charm- 
ed  or  abolished  except  in  the  manner  therein  prescribed  and 
directed. 

Mr.  Chambers,  from  the  minority  of  the  Committee  on  the 
Bill  of  Rights,  submitted  the  following  report, 

Which  was  read  and  ordered  to  be  printed  : 

REPORT. 

The  undersigned,  members  of  the  Committee  to  consider 
and  report  upon  the  Declaration  of  Rights,  not  concurring 
with  the  majority  of  the  Committee  in  all  of  the  propositions 
they  submit,  beg  leave  to  report : 

That  with  regard  to  the  proposed  fourth  Article  of  the  De¬ 
claration  of  Rights,  as  reported  by  the  majority,  they  are  of 
opinion  that  however  true  in  the  proposition  that  the  Consti¬ 
tution  of  the  United  States  and  the  Laws  made  in  pursuance 
thereof,  are  the  Supreme  Law  of  the  land,  yet  it  has  never 
been  deemed  necessary  hy  the  Statesmen  who  framed  that 
Constitution,  or  by  those  who  framed  the  Constitution  of  this 
State,  or,  in  so  far  as  the  undersigned  have  learned,  by  the 
framers  of  any  one  of  the  numerous  Constitutions  of  the 
other  States,  to  insert  amongst  the  rights  and  prerogatives  of 
their  citizens  any  language  enforcing  the  obligation  of  alle¬ 
giance  to  the  Government  of  the  United  States. 

Nor  do  the  undersigned  perceive  the  necessity  for  a  depar¬ 
ture  from  the  universal  practice  that  has  obtained  in  all  the 
States,  and  which  practice  has  been  adhered  to  even  in  those 
instances  where  Constitutions  have  been  framed  in  the  midst 
of  the  existing  civil  war;  or  for  the  voluntary  offering  of  al- 


64 


legiance  to  the  Government,  on  an  assumed  condition  of  hos¬ 
tility  in  the  legislation  of  the  State  to  the  Government  of  the 
United  States. 

The  undersigned  also  dissent  from  the  adoption  of  the  23rd 
Article,  as  proposed  in  the  majority  report,  believing  it  to 
contemplate  a  sudden,  violent  and  most  mischievous  destruc¬ 
tion  of  the  relation  of  master  and  slave,  which,  commencing 
with  the  earliest  history  of  the  Colony,  has  been  maintained 
during  all  the  intervening  period,  with  the  regular  and  pro¬ 
gressive  advancement  of  the  State  in  all  that  is  useful  and 
honorable,  and  with  a  conviction  of  its  usefulness  and  pro¬ 
priety  on  the  part  of  our  citizens,  so  deeply  and  universally 
felt,  that  they  have  carefully  prohibited  by  their  Constitu¬ 
tions,  as  well  that  of  1776  as  that  of  1851,  any  interference 
with  this  relation,  the  rupture  of  which  is  now  recommended 
by  the  majority  of  the  Committee,  without  the  slightest  pre¬ 
paration  on  the  part  of  either  master  or  slave  for  the  extreme 
change  of  condition  so  instantaneously  precipitated  upon 
them,  inflicting  upon  each  very  serious  and  unnecessary  in¬ 
jury  and  suffering,  and  particularly  upon  the  slaves,  and,  in 
the  absence  of  compensation,  iniquitous  and  unjust  in  the  ex¬ 
treme  to  the  master. 

There  are  some  minor  alterations,  the  necessity  for  which 
was  not  perceived  by  the  undersigned,  and  which  of  choice 
they  would  not  have  made,  hut  which  are  not  deemed  of  suf¬ 
ficient  importance  to  require  especial  notice. 

E.  F.  CHAMBERS, 
EDWARD  W.  BELT, 
GEO.  W.  MORGAN. 

On  motion  of  Mr.  Stirling, 

The  said  reports  were  made  the  order  of  the  day  for  Thurs¬ 
day  next,  at  one  o’clock. 

Messrs.  Blackiston,  Valliant  and  Hollyday  were  excused 
from  attending  the  session  of  the  Convention  to-morrow. 

The  Convention  adjourned. 


FRIDAY,  May  13th,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Patterson. 

Present  at  the  caR  of  the  roll,  the  following  members: 

Messrs.  Goldsborougli,  President,  Greene,  Ilebb,  Wickard, 
Robinette,  Miller,  Harwood,  Ilenkle,  Hatch,  Kennard,  Stock- 
bridge,  Stirling,  Daniel,  Abbott,  Cushing,  Thomas,  Berry, 
of  Baltimore  county,  Ridgely,  Parker,  King,  Smith,  of  Car- 
roll,  Ecker,  Swope,  Wooden,  Jones,  of  Cecil,  Earle,  Scott, 
Pugh,  Turner,  Eclelen,  Mitchell,  Todd,  Carter,  Noble,  Keefer, 
Schley,  Markey,  Annan,  Baker,  Cunningham,  Schlosser,  Mc- 
Comas,  Hopper,  Russell,  Hopkins,  Sands,  Sykes,  Lansdale, 
Peter,  Belt,  Marbury,  Morgan,  Gale,  Horsey,  Mullikin,  Del- 
lenger,  Nyman,  Negley,  Mayhugh,  Davis,  of  Washington, 
Sneary,  Smith,  of  Worcester,  Purnell,  Murray. 

The  proceedings  of  yesterday  were  read. 

Mr.  Davis  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Legislative  Depart¬ 
ment  inquire  into  the  expediency  of  creating  the  office  of  Trea¬ 
surer  in  the  several  counties  of  the  State,  and  providing  for 
the  election  of  the  same  ; 

Which  was  adopted. 

Mr.  Stirling  submitted  the  following  resolution  : 

Resolved,  That  this  Convention  tenders  the  thanks  of  the 
State  to  the  soldiers  of  Maryland  in  the  army  of  General 
Grant,  for  the  gallant  manner  in  which  they  have  behaved 
during  the  recent  battles,  and  that  this  Convention  expresses 
its  deep  sympathy  with  the  families  of  the  slain,  and  for  the 
wounded  in  their  sufferings ; 

Which  was  read. 

On  motion  of  Mr.  Hebb, 

The  rules  were  suspended,  the  resolution  read  the  second 
time,  and  passed  by  yeas  and  nays  as  follows : 

Affirmative. 

Messrs.  King,  Schlosser, 

Goldsborough,  P’t  Smith,  of  Carroll,  McComas, 

Greene,  Ecker,  Hopper, 

9 


Hebb, 

Swope, 

Wooden, 

Russell, 

Wickard, 

Hopkins, 

Robinette, 

Jones,  of  Cecil, 

Sands, 

Miller, 

Earle, 

Sykes, 

Hatch, 

Scott, 

Mullikin, 

Kennard, 

Pugh, 

Todd, 

Dellinger, 

Stockbridge, 

Nyman, 

Stirling, 

Carter, 

Negley, 

Daniel, 

Noble, 

Mayhugh, 

Abbott, 

Keefer, 

Davis,  of  Wash., 

Cushing, 

Thomas, 

Schley, 

Sneary, 

Markey, 

Smith,  of  Wor. , 

Berry,  of  Balt,  co., 

Annan, 

Purnell, 

Ridgely, 

Parker, 

Baker, 

Cunningham, 

Negative. 

Murray — 52. 

essrs.  Harwood, 

Lansdale, 

Belt, 

Henkle, 

Peter, 

Marbury, 

Mitchell, 

Clarke, 

Horsey — 9. 

Messrs.  Harwood,  Clarke  and  Marbury  asked  to  be  excused 
from  voting  on  the  resolution, 

Which  was  not  agreed  to. 

Mr.  Hebb  submitted  the  following  order  : 

Ordered,  That  ten  folded  copies  of  the  debates  and  proceed¬ 
ings  of  this  Convention  be  furnished  to  each  member,  as 
printed ; 

Which  was  adopted. 

Mr.  King  submitted  the  following  order : 

Ordered,  That  the  Committee  to  consider  and  report  re¬ 
specting  the  Appointment,  Tenure  of  Office,  Duties  and  Com¬ 
pensation  of  all  Civil  Officers,  inquire  into  the  expediency  of 
introducing  a  section  in  the  new  Constitution,  securing  to  all 
persons  who  have  been  elected  by  the  people  to  any  office 
within  the  State,  to  hold  the  same  unimpaired  during  the  term 
for  which  they  were  elected ; 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Miller  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


67 


Messrs. 

Goldsborough,  P’t 
Miller, 

Harwood, 

Henkle, 

Kennard, 

Stockbriclge, 

Cushing, 

Thomas, 

Berry,  of  Balt,  co., 


Messrs.  Greene, 
Hebb, 
Wickard, 
Bobinette, 
Hatch, 
Stirling, 
Daniel, 
Abbott, 
Parker, 
Ecker, 

Swope, 


Affirmative. 

Ridgely, 

King, 

Smith,  of  Carroll, 
Jones,  of  Cecil, 
Earle, 

Scott, 

Edelen, 

Mitchell, 

Todd, 

Carter, 

Negative. 

Wooden, 

Pugh, 

Noble, 

Keefer, 

Schley, 

Markey, 

Annan, 

Cunningham, 

Schlosser, 

McComas, 

Hopper, 


Baker, 

Lansdale, 

Peter, 

Clarke, 

Marbury, 

Horsey, 

Negley, 

Smith,  of  Wor., 
Purnell, 

Murray — 29. 


Russell, 

Hopkins, 

Sands, 

Sykes, 

Mullikin, 

Dellinger, 

Nyman, 

Mayhugh, 

Davis,  of  Wash., 
Sneary — 32. 


So  the  question  upon  the  adoption  of  the  order,  was  deci¬ 
ded  in  the  negative. 

Mr.  Hebb  submitted  the  following  order: 


Ordered,  That  the  Committee  on  such  Provisions  and  Or¬ 
dinances  as  may  be  desirable  to  carry  into  effect  amendments 
to  the  Constitution,  inquire  into  the  expediency  of  engraftin 
upon  the  Constitution  a  provision  requiring,  on  the  takin 
effect  of  the  new  Constitution,  all  officers  thereby  continued 
in  office,  before  proceeding  in  the  further  discharge  of  their 
duties,  to  take  the  same  oath  or  affirmation  as  required  of  offi¬ 
cers  appointed  or  elected  under  it  ; 

Mr.  Peter  moved  to  lay  the  order  on  the  table, 


Decided  in  the  negative, 


The  question  recurring  upon  the  adoption  of  the  order, 

It  was  decided  in  the  affirmative. 

The  order  of  the  day,  being  the  report  of  the  Committee  on 
Rules, 

Was  taken  up. 


be  be 


68 


Mr.  Stockbridge  submitted  the  following  amendment : 

Fill  up  the  blank  in  the  fourth  rule  with  the  number  seven; 

Mr.  Greene  submitted  the  following  amendment  to  the 
amendment : 


Strike  out  “seven”  and  insert  “five.” 


The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Stockbridge,  that  being  the  longest  time  pro¬ 
posed  , 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  amendment  submitted  by 
Mr.  Greene, 

It  was  decided  in  the  affirmative. 

Mr.  Berry,  of  Baltimore  county,  submitted  the  following 
amendment : 

Buie  15,  strike  out  the  words  “shall  receive  three  readings 
in  the  Convention  on  three  different  days  of  the  session,”  and 
insert  the  words  “shall  be  read  on  three  different  days 

Decided  in  the  affirmative. 

Mr.  Clarke  submitted  the  following  amendment : 

Rule  15,  strike  out  the  words  “a  majority  of  the  members 
elected,”  and  insert  “three  fourths  of  the  members  elected.” 

Mr.  Stirling  submitted  the  following  amendment  to  the 
amendment: 

Strike  out  “a  majority  of  the  members  elected,”  and  in¬ 
sert  “two-thirds  of  the  members  present  otherwise  deter¬ 
mine.” 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 

Mr.  Clarke  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Goldsborough ,  P  ’  t 
Greene, 

Hebb, 

Thurston, 

Wickard, 

Robinette, 


Parker, 

Kin0, 

Smith,  of  Carroll, 
Ecker, 

Swope, 

Wooden, 

Jones,  of  Cecil, 


Schlosser, 

McComas. 

Hopper, 

Russell, 

Hopkins, 

Sands, 

Sykes, 


69 


Harwood, 

Hatch, 

Kennard, 

Stockbridge, 

Stirling, 

Daniel, 

Abbott, 

Cushing, 

Thomas, 

Berry,  of  Balt.  co. 
Eidgely, 


Pugh, 

Todd, 

Carter, 

Noble, 

Iveefer, 

Schley, 

Markey, 

Annan, 

Baker, 


Cunningham, 


Mullikin, 

Dellinger, 

Nyman, 

Negley, 
Mayhugh, 
Davis,  of  Wash. 
Sneary, 

Smith,  of  Wor., 
Purnell, 

Murray — 51. 


Negative. 


Messrs.  Miller 


Edelen 


Mitchell, 


Belt, 

Marbury, 

Morgan, 

Gale, 

Horsey — 15. 


Henkle, 

Earle, 

Scott, 

Turner, 


Lansdale, 

Peter, 

Clarke, 


So  the  question  upon  its  adoption  was  decided  in  the  af¬ 
firmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Buie  15,  line  1,  strike  out  the  word  “Convention,”  and  in¬ 
sert  “members  present 

Decided  in  the  affirmative, 

Mr.  Stockbridge  (by  general  consent)  submitted  the  follow¬ 
ing  amendment : 

Rule  10,  line  2,  insert  after  the  word  “the,”  the  words, 
“members  elected  to  ;” 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment : 

Strike  out  the  17th  rule,  and  insert  the  words  “calls  of  the 
Convention  shall  he  made,  if  required,  by  seven  members,  at 
any  time  when  a  subject  is  under  consideration ;” 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendments  : 

Rule  20,  second  line,  strike  out  the  words  ‘‘nine  meriibers,” 
and  insert  “a  majority  of  the  members  present ;” 

Decided  in  the  affirmative. 

Rule  20,  seventh  line,  strike  out  the  words  “seven  mem¬ 
bers,”  and  insert  “a  majority  of  the  members  present ;” 

Decided  in  the  affirmative. 


70 


Mr.  Berry,  of  Baltimore  county,  submitted  the  following 
amendment : 

Buie  22,  strike  out  all  after  the  word  “interlined,”  in  the 
sixth  line,  and  insert  “but  all  amendments  shall,  when 
agreed  to  by  the  Committee,  be  duly  entered  by  the  Secre¬ 
tary,  on  separate  paper,  noting  the  page  and  line,  and,  through 
the  Chairman,  be  so  reported  to  the  Convention,  which  re¬ 
port,  resolution,  or  other  matter,  shall  again  be  open  to  de¬ 
bate  and  amendment  by  clauses 

Decided  in  the  affirmative. 

Mr.  Thomas  moved  that  the  Convention  do  now  adjourn  ; 

The  question  being  on  the  adoption  of  the  motion, 

The  yeas  and  nays  were  ordered,  and  appeared  as  follows: 


Affirmative. 


Messrs.  Greene, 

Pugh, 

Peter, 

Hebb, 

Turner, 

Clarke, 

Wickard, 

Mitchell, 

Morgan, 

Miller, 

Todd, 

Gale, 

Harwood, 

Carter, 

Horsey, 

Henkle, 

Noble, 

Negley, 

Hatch, 

Schlosser, 

Mayhugh, 

Abbott, 

Hopper, 

Davis,  of  Wash., 

Cushing, 

Hopldns, 

Sneary, 

Smith,  of  Wor., 

Thomas, 

Sands, 

Berry,  of  Balt.  co. 

Sykes, 

Lansdale, 

Negative  . 

Purnell, 

Eidgely, 

King, 

Murray — 37. 

Messrs. 

Parker, 

Russell, 

Goldsborough,P’t 

Ecker, 

Marburv, 

Robinette, 

Jones,  of  Cecil, 

Mullikin, 

Kennard, 

Earle, 

Dellinger, 

Stockbridge, 

Scott, 

Nvman — 16. 

•/ 

Stirling, 

McComas, 

So  the  Convention,  at  2i  o’clock,  P.  M.,  adjourned  until 
Wednesday  next,  at  12  o’clock. 


n 


WEDNESDAY,  May  18th,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Owen. 

Present  at  the  call  of  the  roll,  the  following  members  : 

Messrs.  Goldsborough,  President,  Wickard,  Miller,  Har¬ 
wood,  Hatch,  Kennard,  Stockbridge,  Abbott,  Cushing, 
Thomas,  Audoun,  Hoffman,  Parker,  King,  Larsh,  Smith,  of 
Carroll,  Ecker,  Wooden,  Earle,  Scott,  Pugh,  Briscoe,  Par- 
ran,  Carter,  Schley,  Markey,  Cunningham,  McComas,  Hopper, 
Hopkins,  Sands,  Lansdale,  Peter,  Duvall,  Marbury,  Brown, 
Morgan,  Dennis,  Nyman,  Davis,  of  Washington,  Smith,  of 
Worcester,  Purnell,  Murray. 

There  being  no  quorum  present, 

The  Convention  adjourned. 


THURSDAY,  May  19th,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  McNemar. 

Present  at  the  call  of  the  roll,  the  following  members : 

Messrs.  Goldsborough,  President,  Abbott,  Annon,  Audoun, 
Baker,  Barron,  Belt,  Berry,  of  Baltimore  county,  Berry,  of 
Prince  George’s,  Briscoe,  Brooks,  Brown,  Carter,  Chambers, 
Clarke,  Cunningham,  Cushing,  Daniel,  Davis,  of  Washing¬ 
ton,  Dennis,  Duvall,  Earle,  Ecker,  Edelen,  Gale,  Galloway, 
Greene,  Harwood,  Hatch,  Hebb,  Henkle,  Hoffman,  Hopkins, 
Hopper,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Kennard, 
King,  Lansdale,  Larsh,  Mace,  Marbury,  Markey,  McComas, 
Mitchell,  Miller,  Morgan,  Mullikin,  Murray,  Negley,  Nyman, 
Parker,  Parran,  Peter,  Pugh,  Purnell,  Robinette,  Russell, 
Sands,  Schley,  Schlosser,  Scott,  Smith,  of  Carroll,  Smith,  of 
Worcester,  Sneary,  Stockbridge,  Swope,  Sykes,  Thomas, 
Thruston,  Yalliant,  Wickard,  Wooden. 


72 


The  qualifications  of  the  Rev.  Messrs.  Isaac  M.  Patterson, 
E.  D.  Owen  and  H.  C.  McNemar,  Chaplains  elect  of  the  Con¬ 
vention,  were  presented  and  ordered  to  be  filed. 

The  President  announced  the  following  additions  to  the 
Committees  named,  in  accordance  with  an  order  of  the  Con¬ 
vention  : 

On  the  Committee  on  the  Basis  of  Representation — Messrs. 
Greene  and  Carter. 

On  the  Committee  on  the  Legislative  Department — Messrs. 
Stirling  and  Mullikin. 

On  the  Committee  on  the  Elective  Franchise  and  Qualifica¬ 
tions  of  Voters — Messrs.  Noble  and  Russell. 

The  President  also  announced  the  following  officers,  in  ac¬ 
cordance  with  orders  of  the  Convention: 

Revising  Clerk — John  McGarigle. 

Lamplighter — John  T.  Wright. 

Hall-keeper — John  Sullivan. 

Pages — Caleb  Parker,  Charles  0.  Isaacs,  John  A.  J.  Med- 
calf  and  Melancthon  Dodson. 

Mr.  Galloway  submitted  the  following  order : 

Ordered,  That  the  President  appoint  an  additional  Page  of 
this  Convention, 

Which  was  rejected. 

On  motion  of  Mr.  Cushing, 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr.  Stir¬ 
ling,  of  Baltimore  city,  and  Mr.  Ridgely,  of  Baltimore  coun¬ 
ty,  are  detained  from  their  seats  in  the  Convention  by  sick¬ 
ness. 

Mr.  Purnell  submitted  the  following  order: 

Ordered,  That  the  Committee  to  consider  and  report  re¬ 
specting  the  Elective  Franchise,  inquire  into  the  expediency 
of  inserting  into  the  Constitution  a  provision  allowing  any 
qualified  voter,  who  may  happen  to  he  in  any  other  county 
situated  in  the  district  in  which  he  resides  at  the  time  of  an 
election,  the  privilege  of  voting  for  any  district  officer;  and  that 
all  such  qualified  electors  he  permitted  to  vote  anywhere  in 
the  State  for  State  officers. 

On  motion  of  Mr.  Purnell, 

The  said  order  was  referred  to  the  Committee  on  the  Elec¬ 
tive  Franchise. 


73 


The  unfinished  business  of  Friday’s  session,  being  the  re¬ 
port  of  the  Committee  on  Rules, 

Was  taken  up. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Rule  43,  strike  out  the  words,  “passage  of  any  subject  mat¬ 
ter”  and  insert  the  words  “adoption  of  any  article.” 

The  question  upon  its  adoption  was  decided  in  the  affirma¬ 
tive. 

i 

Mr.  Thruston  submitted  the  following  amendment : 

Rule  43,  strike  out  all  after  the  word  “Journal”  in  the 
third  line. 

The  question  being  on  the  adoption  of  the  amendment. 

Mr.  Clarke  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs.  Abbott, 

Affirmative. 

Hebb, 

Robinette, 

Annan, 

Audoun, 

Hopkins, 

Sands, 

Jones,  of  Cecil, 

Schley, 

Baker, 

Keefer, 

Schlosser, 

Barron, 

Larsh, 

Markey, 

Scott, 

Brooks, 

Sneary, 

Cunningham, 

McComas, 

Swope, 

Davis,  of  W ash., 

Mullikin, 

Sykes, 

Thruston, 

Ecker, 

Negley, 

Galloway, 

Nyman, 

Yalliant, 

Wooden — 34. 

Greene, 

Pugh, 

Hatch, 

Messrs. 

Negative. 

Duvall, 

Mitchell, 

Goldsborough,  P’t 

Earle, 

Miller, 

Belt, 

Edelen, 

Morgan, 

Berry  of  Balt,  co., 

Gale, 

Murray, 

Berry,  of  P.  Geo., 

Harwood, 

Parker, 

Briscoe, 

Henkle, 

Parran, 

Brown, 

Hoffman, 

Peter, 

■  Carter, 

Hopper, 

Purnell, 

Chambers, 

Jones  of  Somerset, 

Russell, 

Clarke, 

Kennard, 

Smith,  of  Carroll, 

Crawford, 

King, 

Smith,  of  Wor., 

10 

• 

74 


Cushing, 

Daniel, 

Dennis, 


Lansdale, 

Mace, 

Marbury, 


Stockb  ridge, 
Thomas, 


Wickard— 41. 


So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

The  hour  having  arrived  for  taking  up  the  order  of  the  day, 
being  the  report  of  the  Committee  on  the  Bill  of  Rights, 

Mr.  Stockbridge  moved  to  postpone  its  consideration  until 
after  the  disposition  of  the  report  of  the  Committee  on  Rules. 

Mr.  Daniel  moved  to  postpone  its  consideration  until  to¬ 
morrow  at  one  o’clock,  in  consequence  of  the  detention  from 
the  Convention  of  Mr.  Stirling,  the  Chairman  of  the  Com¬ 
mittee. 

Mr.  Berry,  of  Prince  George’s,  moved  to  postpone  its  con¬ 
sideration  until  Thursday  next,  at  one  o’clock. 

Mr.  Kennard  called  the  previous  question. 

On  the  question  being  put,  “Shall  the  main  question  be 
now  put,” 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  motion  made 
by  Mr.  Berry,  of  Prince  George’s, 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  motion  of  Mr.  Stock- 
bridge, 

It  was  decided  in  the  affirmative. 

The  consideration  of  the  report  of  the  Committee  on  Rules 
was  then  resumed. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Rule  43,  last  two  lines,  strike  out  “subject  matter”  and 
insert  “article.” 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Rule  44,  line  5,  after  the  word  “report”  insert  the  words 
“or  article.” 

Decided  in  the  affirmative. 

Mr.  Cushing  submitted  the  following  amendment: 

Rule  44,  strike  out  all  after  the  word  “negative,”  in  the 
8th  line. 


75 


Decided  in  the  negative. 

Mr.  Parran  submitted  the  following  amendment: 

Rule  44,  4th  line,  strike  out  the  words  “at  any  time  there¬ 
after,  ”  and  insert  the  same  words  after  the  word  “order,” 
in  the  third  line. 

Decided  in  the  affirmative. 

Mr.  Sands  submitted  the  following  amendment: 

Rule  48,  strike  out  the  rule  as  reported,  and  insert:  “Upon 
calls  of  the  Convention,  or  in  taking  the  yeas  and  nays  on 
any  question,  the  names  of  the  members  shall  be  called  by 
counties  in  alphabetical  order. 

Decided  in  the  negative. 

Mr.  Berry,  of  Baltimore  county,  submitted  the  following 
amendment: 

Rule  48,  line  2,  after  the  word  “members,”  insert  the 
words  “beginning  with  the  President.” 

Decided  in  the  affirmative. 

Mr.  Clarke  submitted  the  following  amendment: 

Rule  49,  strike  out  the  rule  as  reported,  and  insert:  “The 
Standing  Rules  of  the  Convention  shall  not  be  suspended 
except  by  a  vote  of  at  least  two-thirds  of  the  members  elected.” 

Decided  in  the  negative. 

Mr.  Clarke  submitted  the  following  amendment: 

Rule  49,  strike  out  the  rule  as  reported,  and  insert:  “The 
Standing  Rules  of  the  Convention  shall  not  be  suspended  ex¬ 
cept  by  a  vote  of  at  least  two-thirds  of  the  members  present.” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Clarke  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Daniel, 

Lansdale, 

Goldsborough,  P’t 

Dennis, 

Marbury, 

Berry,  of  P.  Geo., 

Duvall, 

Mitchell, 

Bi'iscoe, 

Earle, 

Miller, 

Brown, 

Edelen, 

Morgan, 

Carter, 

Gale, 

Parran, 

76 


Chambers, 

Harwood, 

Peter, 

Clarke, 

Henkle, 

Pugh, 

Crawford, 

Jones,  of  Som., 

Scott — 26. 

Negative. 

Messrs.  Abbott, 

Hopper, 

Robinette, 

Annan, 

Jones,  of  Cecil, 

Russell, 

Audoun, 

Keefer, 

Sands, 

Baker, 

Kennard, 

Schley, 

Berry,  of  Balt.  co. 

King, 

Schlosser, 

Brooks, 

Larsh, 

Smith,  of  Wor. 

Cunningham, 

Mace, 

Sneary, 

Cushing, 

Markey, 

Stockbridge, 

Davis,  of  Wash., 

McComas, 

Swope, 

Ecker, 

Mullikin, 

Sykes, 

Galloway, 

Murray, 

Thomas, 

Greene, 

Negley, 

Thruston, 

Hatch, 

Nyman, 

Yalliant, 

Hebb, 

Parker, 

Wickard, 

Hoffman, 

Purnell, 

Wooden — 46. 

Hopkins, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment  : 

Rule  49,  strike  out  the  word  “present,”  and  insert  the 
words  “elected  to  this  Convention;” 

Decided  in  the  negative. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Rule  49,  strike  out  the  words  “a  majority,”  and  insert  the 
words  “three-fifths;” 

Decided  in  the  affirmative. 

Mr.  Kennard  submitted  the  following  amendment: 

Rule  53,  line  5,  after  the  word  “'reading,”  insert,  “if  ob¬ 
jection  is  mace,  then  a  majority  of  the  members  shall  decide 
upon  the  question  of  engrossment;  after  the  engrossment  of 
a  report  is  ordered,  the  Secretary  shall  have  the  same  printed 
as  engrossed  ;” 

Decided  in  the  affirmative. 

Mr.  Clarke  submitted  the  following  amendment : 

Rule  53,  line  3,  after  the  word  “reading,”  insert  the  fol- 


11 


lowing,  “on  which  second  reading  it  shall  be  open  to  amend¬ 
ment 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Strike  out  Rule  54,  and  insert  the  following  as  Rule  54: 

The  previous  question  shall  be  always  in  order  in  Conven¬ 
tion,  and  shall  be  in  this  form:  “ Shall  the  main  question  be 
now  put?”  It  shall  only  be  admitted  when  demanded  by  a 
majority  of  the  members  present,  and  its  effect  shall  be  to 
put  an  end  to  all  debate,  and  to  bring  the  Convention  to  a 
direct  vote  upon  pending  amendments,  and  the  section  of  the 
Constitution  then  under  consideration.  On  a  motion  for  the 
previous  question,  and  prior  to  the  seconding  of  the  same,  a 
call  of  the  Convention  shall  be  in  order,  but  after  a  majority 
shall  have  seconded  such  motion,  no  call  shall  be  in  order 
prior  to  a  division  of  the  main  question ;  and  on  the  previous 
question  there  shall  he  no  debate. 

Pending  the  consideration  of  which, 

The  Convention  adjourned. 


FRIDAY,  May  20th,  1864. 

The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Patterson. 

Present  at  the  call  of  the  roll  the  following  members : 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Barron,  Berry,  of  Prince  George’s,  Blackiston,  Bris¬ 
coe,  Brooks,  Brown,  Carter,  Clarke,  Crawford,  Cunningham, 
Cushing,  Daniel,  Davis,  of  Washington,  Dellinger,  Earle, 
Ecker,  Edelen,  Gale,  Galloway,  Greene,  Harwood,  Hatch, 
Hebb,  Hoffman,  Hollyday,  Hopkins,  Hopper,  Johnson,  Jones, 
of  Cecil,  Jones,  of  Somerset,  Kennard,  King,  Lansdale,  Lee, 
Marbury,  Markey,  Mayhugh,  McComas,  Mitchell,  Miller, 
Morgan,  Mullikiu,  Murray,  Negley,  Noble,  Nyman,  Parker, 
Parran,  Peter,  Pugh,  Purnell,  Robinette,  Russell,  Sands, 


78 


Schley,  Sclilosser,  Scott,  Smith,  of  Carroll,  Smith,  of  Dor¬ 
chester,  Smeary,  Stockbridge,  Swope,  Sykes,  Thomas,  Thrus- 
ton,  Todd,  Yalliant,  Wickard,  Wilmer,  Wooden. 

The  proceedings  of  yesterday  were  read. 

Mr.  Galloway  submitted  the  following  order: 

Ordered,  That  the  Committee  on  Accounts  be  directed  to 
examine  and  settle  the  accounts  for  repairing  and  fitting  up 
the  Hall  for  the  use  of  the  Convention,  under  an  order  of  the 
Legislature. 

Which  was  adopted. 

Mr.  Purnell  submitted  the  following  preamble  and  resolu¬ 
tions: 

Whereas,  it  is  a  matter  of  great  importance  that  there 
should  be  a  prompt  and  faithful  attendance  of  the  members 
and  officers  of  this  Convention,  for  the  performance  of  the  du¬ 
ties  entrusted  to  them  in  their  respective  committees,  as  well 
as  during  the  sessions  of  this  body; 

Therefore,  be  it  resolved,  That  hereafter  no  member  or 
officer  of  this  Convention  shall  receive  any  per  diem  for  such 
time  as  he  may  be  absent  from  the  said  Convention;  and  that 
the  President  is  hereby  directed  and  required,  in  giving  a  cer¬ 
tificate  of  payment  to  such  member  or  officer,  to  deduct  from 
his  account  such  time  as  he  may  have  been  absent,  unless  oc¬ 
casioned  by  actual  indisposition,  or  some  other  unavoidable 
circumstance. 

Eesolved,  That  for  the  purpose  of  ascertaining  the  time  lost 
by  the  members  and  officers  the  Secretary  of  this  Convention 
be  required  to  keep  a  weekly  list,  on  which  he  shall  note  the 
respective  days  when  each  of  said  members  or  officers  shall 
be  absent,  and  file  the  same  weekly  with  the  Clerk  of  the  Com¬ 
mittee  of  Accounts,  who  shall  deduct  the  same  from  the 
allowance  of  each  member  and  officer,  so  that,  at  the  end  of 
the  session,  the  number  of  days  each  member  or  officer  has 
been  absent,  except  from  actual  indisposition  or  other  una¬ 
voidable  cause,  may  be  ascertained  and  entered  upon  the  Jour¬ 
nal  of  Proceedings. 

Resolved,  That  e^ery  member  shall  be  considered  and  noted 
as  absent  unless  his  name  be  entered  on  the  Journal  at  the 
opening  of  each  day’s  session,  and  also  entered  among  the 
the  yeas  and  nays,  that  shall  be  taken  on  e^ery  proposition  to 
adjourn,  unless  his  absence  be  occasioned  by  actual  indisposi¬ 
tion  or  other  unavoidable  circumstance. 


Which  were  read. 


79 


Mr.  Markey  submitted  the  following  order: 

Ordered,  That  the  Committee  on  the  Judiciary  inquire  into 
the  expediency  of  changing  or  amending  the  Testamentary 
System,  in  cases  where  a  testator  has  devised  his  property  to 
his  executors  to  be  sold,  or  lias  directed  his  real  estate  to  be 
sold  by  his  executors,  for  the  payment  of  debts  and  legacies, 
or  for  any  other  purpose;  so  as,  in  the  event  of  the  death  of 
both  executors  or  the  survivor,  or  the  death  of  a  sole  executor, 
to  give  power  to  the  Orphans’  Court  of  the  county  or  city  of 
Baltimore,  where  letters  testamentary  have  been  granted  to 
appoint  an  administrator  de  bonis  non ,  with  the  will  annexed, 
and  invest  him  with  power  to  sell  such  real  estate  and  ad¬ 
minister  the  proceeds  according  to  the  will  of  the  testator. 

Which  was  adopted. 

Mr.  Todd  submitted  the  following  order: 

Ordered,  That  the  Treasurer  of  the  State  of  Maryland,  upon 
the  order  of  the  President  of  this  Convention,  pay  to  Thomas 
J.  Corkran,  who  temporarily  discharged  the  duties  of  Page, 
in  the  beginning  of  the  sessions  of  this  Convention,  the  per 
diem  and  mileage  allowed  to  the  permanent  Pages,  for  the 
number  of  days  of  service  rendered  by  him. 

Which  was  adopted. 

Mr.  Clarke  submitted  the  following  order: 

Ordered,  That  the  Committee  on  the  Legislative  Depart¬ 
ment  be  instructed  to  inquire  into  the  expediency  of  insert¬ 
ing  the  following  articles  in  the  Constitution: 

1.  No  free  negro  or  free  mulatto  shall  come  into  or  settle 
in  this  State  after  the  adoption  of  this  Constitution. 

2.  All  contracts  made  with  any  free  negro  or  free  mulatto 
coming  into  the  State  contrary  to  the  provisions  of  the  fore¬ 
going  section,  shall -be  null  and  void;  and  any  person  who 
shall  employ  such  free  negro  or  free  mulatto,  or  otherwise 
encourage  him  or  her  to  remain  in  the  State,  shall  be  fined  in 
a  sum  not  Jess  than  fifty  dollars,  nor  more  than  five  hundred 
dollars  for  each  offence. 

3.  All  fines  which  may  be  collected  for  a  violation  of  the 
provisions  of  this  article,  or  any  law  which  may  hereafter  be 
passed  for  the  purpose  of  carrying  the  same  into  execution, 
shall  be  set  apart  and  appropriated  for  the  colonization  or  re¬ 
moval  bevond  the  limits  of  the  State  of  such  negroes  and 
mulattoes  and  their  descendants  as  may  be  in  the  State  at  the 
adoption  of  this  Constitution,  and  may  be  willing  to  emi¬ 
grate. 


80 


4.  The  General  Assembly  shall  have  full  power,  and  it  is 
hereby  made  the  duty  of  the  same  to  pass  all  laws  necessary 
to  carry  out  effectually  the  provisions  of  this  article. 

Pending  the  consideration  of  which. 

The  hour  arrived  for  the  consideration  of  the  order  of  the 
day,  being  the  report  of  the  Committee  on  Rules. 

It  was  taken  up. 

The  question  being  on  the  amendment  submitted  by  Mr. 
Hebb,  to  wit: 

Strike  out  the  54th  Rule  and  insert:  The  previous  question 
shall  be  always  in  order  in  Convention,  and  shall  be  in  this 
form:  “Shall  the  main  question  be  nrow  put?”  It  shall  only 
be  admitted  when  demanded  by  a  majority  of  the  members 
present,  and  its  effect  shall  be  to  put  an  end  to  all  debate, 
and  to  bring  the  Convention  to  a  direct  vote  upon  pending 
amendments,  and  the  section  of  the  Constitution  then  under 
consideration.  On  a  motion  for  the  previous  question,  and 
prior  to  the  seconding  of  the  same,  a  call  of  the  Convention 
shall  be  in  order,  but  after  a  majority  shall  have  seconded 
such  motion,  no  call  shall  be  in  order  prior  to  a  division  of 
the  main  question;  and  on  the  previous  question  there  shall 
be  no  debate. 

By  general  consent,  Mr.  Hebb  amended  the  amendment  as 
follows: 

Strike  out  the  words  “and  the  section  of  the  Constitution 
then  under  consideration,”  and  insert  the  words  “and  the 
special  matter  to  which  they  relate.” 

Strike  out  the  words  “division  of,”  and  insert  the  words 
“vote  upon.” 

Mr.  Clarke  submitted  the  following  amendment  to  the 
amendment: 

Strike  out  the  words  “special  matter,”  and  insert  the 
words  ‘“distinct  proposition.” 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Hebb, 

It  was  decided  in  the  affirmative. 

Mr.  Briscoe  moved  to  refer  the  54th  Rule  to  the  Committee 
on  Rules; 


81 


Decided  in  the  negative. 

Mr.  Briscoe  submitted  the  following  amendment : 

Rule  54,  after  the  word  “debate,”  in  the  last  line,  insert 
the  words  :  “but  the  application  of  this  rule  shall  not  apply 
to  reports  or  articles  under  consideration  upon  the  second 
reading,” 

Decided  in  the  negative. 

Mr.  Clarke,  submitted  the  following  amendment : 

Insert  as  Rule  56,  the  following:  “It  shall  he  a  standing 
order  of  the  day  throughout  the  session,  for  the  Convention  to 
resolve  itself  into  a  Committee  of  the  Whole  on  the  condition 
of  the  State.  ” 

The  question  being  on  the  adoption  of  the  amendment; 

Mr.  Clarke  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


Messrs.  Belt, 

Affirmative. 

Gale, 

Marbury, 

Berry,  of  P.  G. 

Harwood, 

Mitchell, 

Blackiston, 

Henkle, 

Miller, 

Briscoe, 

Hollyday, 

Morgan, 

Brown, 

Johnson, 

Parran, 

Chambers, 

Jones,  of  Som. 

Peter, 

Clarke, 

Lansdale, 

Smith,  of  Dor., 

Crawford, 

Lee, 

Wilmer — 25. 

Edelen, 

Messrs. 

Negative. 

Greene, 

Purnell, 

Goldsborough,  Pt. 

Hatch, 

Robinette, 

Abbott, 

Hebh, 

Russell, 

Annan, 

Hoffman, 

Sands, 

Audoun, 

Hopkins, 

Schley, 

Baker, 

Hopper, 

Jones,  of  Cecil, 

Schlosser, 

Barron, 

Brooks, 

Scott, 

Ivennard, 

Smith,  of  Carroll, 

Carter, 

King, 

Sneary, 

Cunningham, 

Markey, 

Stockbridge, 

Cushing, 

McComas, 

Swope, 

Daniel, 

Mullikin, 

Sykes, 

Davis,  of  Wash. 

Murray, 

Thomas, 

Dellinger, 

Negley, 

Todd, 

11 

82 


Earle, 

Ecker, 

Galloway, 


Nyman, 


Parker, 

Pugh, 


Yalliant, 
Wickarcl, 
Wooden — 50. 


So  the  question  upon  the  adoption  of  the  amendment  was 
decided  in  the  negative. 

Mr.  Daniel  moved  to  je-consider  the  vote  on  the  forty-ninth 
rule; 

Decided  in  the  negative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

Mr.  Stockbridge  gave  notice  that  he  would  on  to-morrow 
move  a  reconsideration  of  the  vote  by  which  the  order  author¬ 
izing  the  Treasurer  to  pay  a  sum  of  money  to  Thomas  Cork- 
ran,  was  passed. 

The  second  Order  of  the  Day,  the  Report  of  the  Commit¬ 
tee  on  the  Bill  of  Rights, 

Was  taken  up, 

Pending  which, 

The  Convention  adjourned. 


SATURDAY,  May  21st,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Owen. 

Present  at  the  call  of  the  roll  the  following  members: 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Berry,  of  Prince  George’s,  Billingsley,  Blackiston, 
Briscoe,  Brown,  Carter,  Chambers,  Clarke,  Crawford,  Cush¬ 
ing,  Daniel,  Dellinger,  Earle,  Ecker,  Edelen,  Gale,  Gallo¬ 
way,  Green,  Hatch,  Hebb,  Hoffman,  Hollyday,  Hopkins, 
Hopper,  Jones,  of  Somerset,  Keefer,  King,  Lee,  Marbury, 
Markey,  Mayhugh,  McComas,  Miller,  Morgan,  Mullikin, 
Murray,  Negley,  Nyman,  Parker,  Pugh,  Purnell,  Robinette, 
Russell,  Schley,  Schlosser,  Scott,  Smith,  of  Carroll,  Sneary, 


83 


Stockbridge,  Swope,  Thomas,  Thrustoft,  Todd,  Valliant, 
Wickard,  Wilmer,  Wooden. 

The  proceedings  of  yesterday  were  read. 

The  order  submitted  by  Mr.  Clarke  on  yesterday,  instruct¬ 
ing  the  Committee  on  the  Legislative  Department  to  inquire 
into  the  expediency  of  inserting  certain  Articles  in  the  Con¬ 
stitution,  prohibiting  free  negroes  or  mulattoes  from  coming 
into  or  settling  in  this  State. 

Was  taken  up, 

On  motion  of  Mr.  Schley, 

Mr.  Clarke  accepted  as  an  amendment  to  his  order  the  fol¬ 
lowing:  In  the  first  section,  after  the  word  “Constitution,” 
insert  the  words,  unless  such  free  negro  or  mulatto  be  a  Fed¬ 
eral  Soldier,  engaged  in  the  military  service  of  the  United 
States,  or  come  into  this  State  by  the  authority  of  the  same. 

Mr.  Abbott  submitted  the  following  amendment: 

Amend  by  including  all  sympathisers  with  the  Rebellion 
of  the  Southern  States,  and  any  one  now  living  North  of 
Mason  and  Dixon’s  Line; 

Mr.  Stockbridge  called  the  previous  question, 

On  the  question  being  put,  “shall  the  main  question  be 
now  put?” 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  amendment  submitted  by 
Mr.  Abbott, 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  order  sub¬ 
mitted  by  Mr.  Clarke,  v 

It  was  decided  in  the  affirmative. 

Mr.  Stockbridge  moved  to  re-consider  the  vote  by  which 
an  order  was  adopted  yesterday  directing  the  payment  of  cer¬ 
tain  money  to  Thomas  J.  Corkran,  for  services  alleged  to  be 
rendered  as  page  to  this  Convention. 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Todd, 

The  said  order  was  referred  to  the  Committee  on  Accounts. 

The  hour  having  arrived  for  considering  the  Order  of  the 
Day,  being  the  Report  of  the  Committee  on  the  Bill  of 
Rights. 


84 


On  motion  of  Mr.  Smith,  of  Carroll, 

It  was  postponed  until  Monday  next  at  one  o’clock. 

Mr.  Thomas  submitted  the  following  order: 

Ordered,  That  the  Committee  on  the  Legislative  Depart¬ 
ment  he  requested  to  inquire  into  the  expediency  of  engraft¬ 
ing  a  provision  in  the  Constitution,  exempting  an  amount  to 
the  value  of  $500  (five  hundred  dollars)  of  a  debtor’s  proper¬ 
ty  from  execution. 

Which  was  adopted. 

Mr.  Galloway  submitted  the  following  order: 

Ordered,  That  it  be  entered  upon  the  Journal  that  if  Mr. 
Galloway  had  been  in  his  seat  on  Friday  the  13th  inst.,  he 
would  have  voted  in  the  affirmative  for  the  resolution  submit¬ 
ted  by  Mr.  Stirling  tendering  the  thanks  of  the  State  to  the 
Soldiers  of  Maryland  in  the  Army  of  Gen.  Grant. 

Which  was  adopted. 

Mr.  Todd  submitted  the  following  order: 

Ordered,  That  it  be  entered  on  the  Journal  that  Mr.  Noble, 
of  Caroline  county  is  detained  from  his  seat  in  this  Conven¬ 
tion  by  indisposition. 

Which  was  adopted. 

Mr.  Negley  submitted  the  following  order: 

Ordered,  That  J.  W.  Garmond  be  added  as  an  additional 
Committe  Clerk,  pro  tempore,  his  services  being  already  em¬ 
ployed  by  several  Standing  Committees,  and  that  he  be  de¬ 
tailed  on  the  Committee  of  the  Treasury,  Basis  of  Represen¬ 
tation,  Education,  and  Future  Amendments  to  the  Constitu¬ 
tion. 

Mr.  Daniel  submitted  the  following  amendment: 

Ordered,  That  the  President  be  requested  to  apportion  the 
several  Committee  Clerks  among  the  several  Committees  of 
this  Convention,  and  if  he  should  believe  any  Clerk,  or  more, 
necessary  he  be  and  is  hereby  authorized  to  appoint  the 
same. 

Mr.  Jones,  of  Somerset,  moved  a  division  of  the  question, 

Decided  in  the  affirmative. 

The  question  then  being  on  the  first  clause  of  the  amend¬ 
ment; 

It  was  decided  in  the  affirmative. 


85 


The  question  recurring  upon  the  latter  clause  of  the  amend¬ 
ment, 

It  was  decided  in  the  negative. 

Mr.  Audoun  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Elective  Franchise  be 
requested  to  inquire  into  the  expediency  of  inserting  the  fol¬ 
lowing  article  in  the  Constitution  ;  That  every  person  who 
has  in  any  manner  aided  in  the  present  rebellion  against  the 
Government  of  the  United  States,  ought  to  he  forever  disqual¬ 
ified  and  rendered  incapable  to  hold  or  exercise  within  this 
State  any  office  of  profit  or  trust,  civil  or  military,  or  to  vote 
at  any  election  hereafter  to  he  held  in  this  State  ; 

Which  was  adopted. 

Mr.  Hatch  submitted  the  following  order: 

Ordered,  That  the  following  be  referred  to  the  Legislative 
Committee,  ‘That  the  faith  of  the  State  shall  never  be  pledged 
for  works  of  internal  improvements  or  any  other  tax,  except 
what  is  necessary  for  the  support  of  the  Government  or  to 
suppress  insurrection  or  repel  invasion.” 

Which  was  adopted. 

Mr.  Thomas  submitted  the  following  order  : 

o 

Ordered,  That  the  Comptroller  be  requested  to  furnish  the 
Convention  with  a  statement  of  the  amount  of  stock  held  and 
owned  by  the  State  of  Maryland  in  the  several  railroads  and 
other  works  of  internal  improvement,  specifying  the  amount 
held  in  each  company  or  corporation,  and  what  proportion  of 
said  stock  is  represented  by  Directors,  and  also  the  amount  of 
interest  due  on  said  stock  ; 

Which  was  adopted. 

Mr.  Todd  submitted  the  following  order  : 

Ordered,  That  J.  W.  Gormand  be  appointed  a  Committee 
Clerk  pro  tempore. 

On  motion  of  Mr.  Ecker, 

The  order  was  laid  on  the  table. 

Mr.  Valliant,  from  the  Committee  on  Reporting  and  Print¬ 
ing,  submitted  the  following  report, 

Which  was  read  and  ordered  to  be  printed: 

The  Committee  on  Reporting  and  Printing,  to  whom  was 
referred  the  order  to  appoint  a  Stenographer  to  the  Convention 


86 


beg  leave  to  report  favorably  upon  said  order,  and  recommend 
its  adoption  by  the  Convention,  together  with  the  additional 
orders  herewith  reported. 

James  Valliant, 

J.  WlCKARD, 

John  R.  Sneaky, 
Joseph  H.  Audoun. 

Ordered,  That  the  Stenographer  appointed  by  virtue  of  the 
3d  section  of  the  Convention  hill,  is  hereby  appointed  the  per¬ 
manent  Stenographer  to  the  Convention. 

Ordered.  That  the  President  of  the  Convention  be  autho- 
rized  to  pay  to  Mr.  Wm.  Blair  Lord,  the  Official  Reporter  of 
the  Convention,  upon  the  certificate  of  the  Committee  on  Re¬ 
porting  and  Printing,  such  sums  as  from  time  to  time  may  he 
due  to  him,  estimating  the  same  at  the  rate  of  three  dollars 
($3)  per  page  of  the  printed  Debates  and  Proceedings  of  the 
State  Constitutional  Convention. 

Ordered,  That  there  be  furnished  to  the  Official  Reporter 
of  this  Convention,  and  to  his  Assistant,  one  copy  each  of  such 
hooks  and  documents  as  may  he  or  have  been  ordered  for  the 
use  of  the  members  of  the  Convention  ;  and  two  copies  each 
of  the  printed  sheets  of  the  Journal  of  Proceedings,  and  the 
Debates  and  Proceedings  of  the  Convention. 

In  pursuance  of  an  order  adopted  by  the  Convention,  the 
undersigned,  a  majority  of  the  Committee  on  Reporting  and 
Printing,  report  that  they  have  contracted  with  Mr.  J.  Mc- 
Garigle,  to  correct  errors  in  the  proof  sheets  of  the  Debates, 
superintend  the  printing  thereof,  and  perform  such  other  du¬ 
ties  as  may  be  suggested  by  this  Committee,  for  the  sum  of 
three  hundred  dollars;  and  that  they  have  also  contracted 
with  Daniel  M.  Moore,  to  index  the  Journal  of  Proceedings, 
the  Debates  and  the  Constitution  for  a  like  sum. 

James  Valliant, 

J.  WlCKARD, 

J.  R.  Sneary, 

Joseph  H.  Audoun. 


The  Convention  adjourned. 


87 


MONDAY,  May  23d,  1SG4. 


The  Convention  met, 

Prayer  by  the  Rev.  Mr.  Davenport. 

Present  at  the  call  of  the  roll  the  following  members : 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Barron,  Belt,  Berry,  of  Prince  George’s,  Billingsley, 
Blackiston,  Bond,  Briscoe,  Brooks,  Brown,  Carter,  Clarke, 
Crawford,  Cunningham,  Cushing,  Daniel,  Davis,  of  Wash¬ 
ington,  Dellinger,  Dennis,  Earle,  Ecker,  Edelen,  Galloway, 
Greene,  Harwood,  Hatch,  Hebb,  Hoffman,  Hollyday,  Hop¬ 
kins,  Hopper,  Johnson,  Jones,  of  Somerset,  Keefer,  King, 
Larsh,  Lee,  Marbury,  Markey,  McComas,  Mitchell,  Miller, 
Mullikin,  Murray,  Negley,  Noble,  Nyman,  Parker,  Parran, 
Peter,  Pugh,  Purnell,  Robinette,  Russell,  Sands,  Schley, 
Schlosser,  Smith,  of  Carroll,  Smith,  of  Dorcester,  Smith,  of 
Worcester,  Sneary,  Stockbridge,  Swope,  Sykes,  Todd,  Val- 
liant,  Wickard,  Wilrner,  Wooden. 

The  proceedings  of  Saturday  were  read. 

Mr.  Abbott  submitted  the  following  order  : 

Ordered,  That  it  be  entered  on  the  Journal  that  all  of  the 
amendment  offered  by  Mr.  Abbott,  to  the  order  of  Mr.  Clarke 
on  page  83,  (in  relation  to  free  negroes  and  mulattoes,)  after 
the  words  Southern  States,  was  offered  by  Mr.  Clarke,  the 
mover  of  the  original  order,  as  an  amendment  to  Mr.  Abbott’s 
amendment,  and  was  accepted  by  him  under  the  impression 
that  it  only  referred  to  Traitors  and  Copperheads,  North  of 
Mason  and  Dixon’s  Line  ; 

Which  was  adopted. 

In  accordance  with  an  order  adopted  on  Saturday  last,  (page 
84,)  the  President  made  the  following  apportionment  of  the 
Committee  Clerks : 

Wm.  B.  McCulley — Committee  on  Declaration  of  Rights, 
Committee  on  Executive  Department,  Committee  on  Basis  of 
Representation,  Committee  on  Legislative  Department,  Com¬ 
mittee  on  Elections — 5. 

Thomas  Tipton — Committee  on  Judiciary  Department, 
Committee  on  State’s  Attorneys,  Committee  on  Engrossment 
and  Revision,  Committee  on  Education  and  the  Encourage¬ 
ment  of  Literature,  Committee  on  the  Appointment,  Tenure 


88 


of  Office,  Duties  and  Compensation  of  all  Civil  Offices  not  em¬ 
braced  in  the  duties  of  other  Standing  Committees — 5. 

George  Johnson — Committee  on  Treasury  Department, 
Committee  on  Elective  Franchise  and  Qualification  of  Voters, 
Committee  on  Militia  and  Military  Affairs,  Committee  on 
Rights,  Duties,  Divisions  and  Sub-Divisions  of  Counties, 
Committee  on  such  Provisions  and  Ordinances  as  may  be  de¬ 
sirable  to  carry  into  effect  amendments  to  the  Constitu¬ 
tion — 5. 

SJcipwith  C.  Gorrell — Committee  on  Accounts,  Committee 
on  Reporting  and  Printing,  Committee  to  report  future  Amend¬ 
ments  and  Revisions  of  the  Constitution,  Committee  on  Usury 
Laws — 4. 

Mr.  Belt  submitted  the  following  order  : 

Ordered,  That  the  Committee  upon  the  Basis  of  Represen¬ 
tation  be  requested  to  inquire  into  the  the  expediency  of  em¬ 
bodying  into  the  Constitution  a  clause  providing  that  the  city 
of  Baltimore  and  the  several  counties,  shall  be  respectively  di¬ 
vided  into  sub-divisions  or  electoral  districts  equal  to  the  num¬ 
ber  of  delegates  which  each  shall  be  entitled  to  elect  to  the 
more  numerous  branch  of  the  Legislature,  and  that  said  dele¬ 
gates  shall  be  apportioned  so  that  one  shall  be  elected  from 
each  of  said  districts,  by  the  qualified  voters  thereof,  and  not 
by  general  ticket  as  now  practiced; 

Which  was  adopted. 

Mr.  Todd  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Legislative  Depart¬ 
ment  be  instructed  to  inquire  into  the  expediency  of  changing 
the  time  of  holding  general  elections  in  this  State,  so  that  the 
first  election  to  be  held  after  the  adoption  of  this  Constitution 
may  occur  at  the  time  of  the  next  Presidential  election; 

Which  was  adopted. 

Mr.  Negley  submitted  the  following  order: 

Ordered,  That  it  may  be  entered  on  the  Journal,  that  J.  P. 
Mayhugh  is  absent  from  his  seat  in  this  Convention  on  account 
of  severe  indisposition; 

Which  was  adopted. 

The  Report  from  the  Committee  on  Reporting  and  Printing, 
submitted  on  Saturday  last,  was  then  called  up; 

Mr.  Daniel  submitted  the  following  amendment: 

In  the  second  line  of  the  order  on  page  86,  strike  out  the 


89 


word  “each,”  after  the  word  copy,  and  insert  the  same  after 
the  previous  word  “assistant,”  in  the  same  line;  also  strike 
out  the  word  “each/’  in  4th  line  of  the  same  order; 

Which  was  adopted. 

The  Report  and  accompanying  orders  were  then  concurred 

in. 

The  preamble  and  resolutions  in  reference  to  the  attendance 
of  members,  submitted  by  Mr.  Purnell  on  Friday  last,  (page 
78,)  was  then  taken  up  for  consideration  on  its  second  reading. 

Mr.  Mullikin  submitted  the  following  amendment: 

Resolved,  That  any  member  of  this  Convention  who  shall 
absent  himself  from  the  said  Convention,  without  the  consent 
of  a  majority  of  the  members  present,  shall  not  receive  his 
per  diem  for  the  time  he  is  absent. 

Pending  the  consideration  of  which 

Mr.  Barron  moved  to  lay  the  whole  matter  on  the  table. 

The  question  being  on  the  adoption  of  this  motion, 

Mr.  Purnell  demanded  the  yeas  and  nays. 

The  demand  being  sustained,  the  yeas  and  nays  were  called 
and  appeared  as  follows: 


Affirmative. 


Messrs.  Audoun, 
Barron, 

Belt, 

Berry,  of  P.  Geo. 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brooks, 

Chambers, 

Clarke, 

Crawford, 

Davis,  of  Wash. 
Dennis, 


Edelen, 

Harwood, 

Hatch, 

Hollyday, 

Hopper, 

Horsey, 

Jones,  ofSom. 
Keefer, 

King, 

Larsh, 

Lee, 

Marbury, 

Markey, 

Mitchell, 


Miller, 

Negley, 

Noble, 


Parran, 

Peter, 

Pugh, 

Robinette, 

Schley, 

Smith  of  Car. 
Smith,  of  Dor. 
Swope, 
Valliant, 
Wickard, 
Wilmer — 42. 


Negative. 


Messrs. 

Goldsborough,  P’t 


Abbott, 

Annan, 

Baker, 


Earle, 

Ecker, 


Galloway, 

Greene, 

Hebb, 


Parker, 

Purnell, 

Russell, 

Sands, 

Schlosser 


12 


90 


Cushing, 

Daniel, 


Cunningham, 


Brown, 

Carter, 


Hoffman, 

Hopkins, 

McComas, 

Mullikin, 

Murray, 

Hyman, 


Smith,  of  Wor. 
Sneary, 
Stockbridge, 
Sykes, 


Dellinger, 


Todd, 

Wooden — 32. 


So  the  preamble  and  resolutions  were  ordered  to  lie  on  the 
table. 

Mr.  Daniel  called  up  for  consideration  the  Report  of  the 
Committee  on  Rules,  (page  46.) 

Said  Report  was  then  taken  up,  read  the  third  time  and 
concurred  in,  and  the  Rules  as  reported  adopted  as  Rules  for 
the  government  of  the  Convention. 

On  motion  of  Mr.  Cushing, 

The  Order  of  the  Day,  to  wit:  the  Report  submitted  by 
Mr.  Stirling,  from  a  majority  of  the  Committee  on  the  Bill  of 
Rights; 

Was  then  taken  up  for  consideration  on  its  second  read¬ 
ing; 

Mr.  Briscoe,  submitted  the  following  amendment: 

Article  1.  Insert  after  the  word  ‘  Rimes”  in  the  3rd  line 
the  words,. “in  the  mode  prescribed  in  this  Constitution;” 

Pending  the  consideration  thereof; 

By  general  consent,  Mr.  Briscoe  withdrew  it. 

Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment: 

Article  1.  Add  at  the  end  thereof  the  following:  “but  this 
right  ought  only  to  be  exercised  in  the  mode  previously  agreed 
upon  and  prescribed  by  the  people,  whenever  a  mode  of  al¬ 
teration  or  amendment  of  their  form  of  government  has  been 
previously  agreed  upon  and  prescribed  by  the  people  in  their 
written  Constitution.” 

Pending  the  consideration  thereof, 

The  Convention  adjourned. 


91 


TUESDAY,  May  24th,  1864. 

The  Convention  met. 

Prayer  by  the  Rev.  Mr.  McNemar. 

Present  at  the  call  of  the  roll  the  following  members; 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Belt,  Berry,  ot  Prince  George’s,  Billingsley,  Blackis- 
ton,  Bond,  Briscoe,  Brown,  Carter,  Chambers,  Clarke,  Craw¬ 
ford,  Cunningham,  Cushing,  Dail,  Daniel,  Davis,  of  Charles, 
Davis,  of  Washington,  Dellinger,  Dennis,  Earle,  Ecker,  Ede- 
len,  Galloway,  Greene,  Harwood,  Hatch,  Hebb,  Heukle, 
Hodson,  Hoffman,  Hollyday,  Hopkins,  Plopper,  Horsey,  John¬ 
son,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Kennard, 
King,  Lansdale,  Larsh,  Mace,  Mar  bury,  Markey,  McComas, 
Mitchell,  Miller,  Morgan,  Mullikin,  Murray,  Negley, Nyman, 
Parker,  Parran,  Peter,  Pugh,  Purnell,  Robinette,  Russell, 
Sands,  Schley,  Scott,  Smith,  of  Carroll,  Smith,  of  Dorchester, 
Smith,  of  Worcester,  Sneary,  Stirling,  Stockbridge,  Swope, 
Sykes,  Thomas,  Thruston,  Todd,  Valliant,  Wickard,  Wil- 
mer,  Wooden — 83. 

The  proceedings  of  yesterday  were  read. 

Mr.  Purnell  submitted  the  following  order: 

Ordered,  That  the  Committee  on  Accounts,  upon  the  order 
of  the  President  of  this  Convention,  pay  to  William  R.  Ham¬ 
mond,  who  temporarily  discharged  the  duties  of  Postmaster, 
the  per  diem  and  mileage  allowed  to  the  Permanent  Post¬ 
master,  for  two  days  service  in  that  capacity  at  the  commence¬ 
ment  of  the  session; 

Which  was  read  and  referred  to  the  Committee  on  Accounts. 

Mr.  Cushing  gave  notice  that  on  to-morrow  he  would  move 
to  amend  Rule  43,  by  striking  out  “ whole  number  of  mem¬ 
bers  elected  to  the  Convention,”  and  insert  “members  pre¬ 
sent.” 

Mr.  Sands  submitted  the  following  order: 

Ordered,  That  this  Convention  shall  commence  its  sessions 
at  11  o’clock  each  day  until  otherwise  ordered; 

The  question  being  on  its  adoption,  Mr.  Hebb  demanded 
the  yeas  and  nays; 

The  demand  being  sustained,  the  yeas  and  nays  were  call¬ 
ed  and  appeared  as  follows: 


92 


Affirmative. 

Messrs. 


Goldsborough,  P’t 

Hodson, 

Purnell, 

Abbott, 

Hoffman, 

Bobinette, 

Annan, 

Hollyday, 

Russell, 

Baker, 

Hopkins, 

Sands, 

Barron, 

Hopper, 

Schley, 

Brown, 

Horsey, 

Smith,  of  Carroll, 

Carter, 

Jones,  of  Cecil, 

Sneary, 

Clarke, 

Keefer, 

Stirling, 

Cushing, 

Kennard, 

Stockbridge, 

Daniel, 

Larsh, 

Swope, 

Sykes, 

Davis,  of  Wash., 

Markey, 

Dellinger, 

McComas, 

Thomas, 

Earle, 

Mullikin, 

Thruston, 

Ecker, 

Negley, 

Todd, 

Galloway, 

Hyman, 

Parker, 

Valliant, 

Greene, 

Wickard, 

Hatch , 

Peter, 

Wilmer, 

Hebb, 

Pugh, 

Negative. 

Wooden — 54. 

Messrs.  Audoun, 

Dail, 

Mace, 

Belt, 

Davis,  of  Charles, 

Marbury, 

Berry,  of  P.  G’s. 

Dennis, 

Mitchell, 

Billingsley, 

Edelen, 

Miller, 

Blackiston, 

Harwood, 

Morgan, 

Bond, 

Henkle, 

Murray, 

Briscoe, 

Johnson, 

Parran, 

Chambers, 

Jones,  of  Som. 

Scott, 

Crawford, 

King, 

Smith,  of  Dor. 

Cunningham, 

Lee, 

Smith  of  Wor.-30. 

So  the  order  was  adopted. 

Mr.  Negley  submitted  the  following  order: 

Ordered,  That  Henry  Tritch,  Door-keeper  to  the  last  Le¬ 
gislature,  be  allowed  two  days  pay  and  mileage  for  his  atten¬ 
dance  and  services  at  the  opening  of  this  Convention. 

Which  was  read  and  referred  to  the  Committee  on  Ac¬ 
counts. 

Mr.  Pugh  submitted  the  following  order: 

Ordered,  That  Harold  Wingate  he  appointed  a  Page  of 
this  Convention. 

Which,  on  motion  of  Mr.  Hebb, 

Was  laid  on  the  table. 


93 


Mr.  Schley  submitted  the  following  order: 

Ordered,  That  on  and  after  the  27th  day  of  June  next, 
the  per  diem  of  the  members  of  this  Convention  shall  cease 
and  be  relinquished. 

Mr.  Daniel  moved  to  lay  this  order  on  the  table. 

On  which  last  motion, 

Mr.  Barron  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Affirmative. 


Messrs.  Audoun, 

Hatch, 

Morgan , 

Billingsley, 

Hodson, 

Murray, 

Blackiston, 

Holly  day, 

Nyman, 

Bond, 

Hopkins, 

Parran, 

Purnell, 

Briscoe, 

Horsey, 

Brown, 

Johnson, 

Kobinette, 

Chambers, 

Jones,  of  Cecil, 

Scott, 

Crawford, 

Keefer, 

Smith,  of  Carroll, 

Cushing, 

King, 

Smith,  of  Wor. 

Dail, 

Larsh, 

Snearv, 

Daniel, 

Lee, 

Swope, 

Sykes, 

Davis,  of  Charles, 

Mace, 

Davis,  of  Wash. 

Markey, 

Yalliant, 

Dennis, 

Edelen, 

Harwood, 

Mitchell, 

Wickard, 

Miller, 

Negative. 

Wilmer — 46. 

Messrs. 

Ecker, 

Parker, 

Goldsborough,  P’ t 

Galloway, 

Peter, 

Abbott, 

Greene, 

Pugh, 

Annan, 

Hebb, 

Russell, 

Baker, 

Henkle, 

Sands, 

Barron, 

Hoffman, 

Schley, 

Belt, 

Hopper, 

Smith,  of  Dor. 

Berry,  of  P.  Geo. 

Jones,  ofSom. 

Stirling, 

Carter, 

Kennard, 

Stockbridge, 

Clarke, 

Cunningham, 

Marbury, 

Thomas, 

McComas, 

Thruston, 

Dellinger, 

Mullikin, 

Todd, 

Earle, 

Negley, 

Wooden — 38. 

So  the  order  was  laid  on  the  table. 


Mr.  Baker  submitted  the  following  order: 


94 


Ordered,  That  it  be  entered  on  the  Journal  that  Mr. 
Schlosser  is  absent  from  his  seat  on  account  of  domestic  afflic¬ 
tion. 

Which  was  adopted. 

Mr.  Thomas  asked  and  obtained  leave,  by  unanimous  con¬ 
sent,  to  strike  out  the  word  “Comptroller”  in  the  order 
adopted  on  Saturday  last,  (page  85,)  and  insert  “Treasurer” 
in  lieu  thereof. 

The  Order  of  the  Day,  viz:  the  report  submitted  by  Mr. 
Stirling,  from  the  Committee  on  the  Declaration  of  Eights, 
was  then  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Jones,  of  Somerset,  to  wit: 

Article  1.  Add  at  the  end  thereof  the  following:  “but  this 
right  ought  only  to  be  exercised  in  the  mode  previously  agreed 
upon  and  prescribed  by  the  people,  whenever  a  mode  of  alter¬ 
ation  or  amendment  of  their  form  of  government  has  been 
previously  agreed  upon  and  prescribed  by  the  people  in  their 
written  Constitution.” 

Mr.  Bond  submitted  the  following  amendment  to  said 
amendment: 

Strike  out  all  after  the  word  “manner,”  in  the  4th  line, 
and  insert,  “as  may  be  authorized  by  this  Constitution.” 

Mr.  Thomas  called  the  previous  question. 

On  the  question  being  put,  “Shall  the  main  question  be 
now  put?” 

It  was  decided  in  the  affirmative. 

The  question  being  on  the  amendment  to  the  amendment, 
as  submitted  by  Mr.  Bond, 

It  was  decided  in  the  negative. 

The  question  then  recurred  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Jones,  of  Somerset. 

Decided  in  the  negative. 

The  question  then  recurring  upon  the  adoption,  on  its  se¬ 
cond  reading,  of  the  article,  as  reported  from  the  committee, 

Mr.  Berry,  of  Prince  George’s,  demanded  a  division  of  the 
subject. 

The  question  being  on  the  adoption  of  the  first  clause  of 
said  article,  to  wit:  “That  all  government  of  right  originates 
from  the  people,  is  founded  in  compact  only,  and  instituted 
solely  for  the  good  of  the  whole,” 


95 


Mr.  Clarke  demanded  the  yeas  and  nays. 

The  demand  being  sustained,  the  yeas  and  nays  were  called 
and  appeared  as  follows: 


Messrs. 

Goldsborough,  Pt. 

Affirmative. 

Galloway, 

Murray, 

Abbott, 

Greene, 

Negley, 

Annan, 

Audoun, 

Harwood, 

Nyman, 

Hatch, 

Parker, 

Baker, 

Hebb, 

Parran, 

Barron, 

Henkle, 

Peter, 

Belt, 

Hodson, 

Pugh, 

Berry,  of  P.  Geo. 

Hoffman, 

Purnell, 

Billingsley, 

Hollyday, 

Robinette, 

Blackiston, 

Hopkins, 

Russell, 

Bond, 

Hopper, 

Sands, 

Briscoe, 

Horsey, 

Schley, 

Brown, 

Johnson, 

Scott, 

Carter, 

Jones,  of  Cecil, 

Smith,  of  Dor,, 

Chambers, 

Jones,  of  Som., 

Smith,  of  Wor. 

Clarke, 

Keefer, 

Sneary, 

Crawford, 

Kennard, 

Stirling, 

Cunningham, 

King, 

Stockbridge, 

Cushing, 

Larsh, 

Swope, 

Dail, 

Lee, 

Sykes, 

Daniel, 

Mace, 

Thomas, 

Davis,  of  Charles, 

Marbury, 

Thruston, 

Davis,  of  Wash., 

Markey, 

Todd, 

Dellinger, 

McComas, 

Valliant, 

Dennis, 

Mitchell, 

Wickard, 

Earle, 

Miller, 

Wilmer, 

Ecker, 

Morgan, 

Wooden — 83. 

Edelin, 

Mullikin,  . 

Negative — None. 

So  the  question  was  decided  in  the  affirmative. 

The  question  then  recurred  upon  the  adoption  of  the  second 
clause  of  said  Article,  to  wit:  “and  they  have  at  all  times 
the  inalienable  right  to  alter,  reform  or  abolish  their  form  of 
government  in  such  manner  as  they  may  deem  expedient/’ 

Mr.  Clarke  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


96 


Affirmative. 


Messrs. 

Galloway, 

Mullikin, 

Goldsborough,  Pt. 

Greene, 

Murray, 

Abbott, 

Harwood, 

Negley, 

Annan, 

Hatch, 

Nyman, 

Parker, 

Audoun, 

Hebb, 

Baker, 

Henkle, 

Peter, 

Barron, 

Hodson, 

Pugh, 

Belt, 

Hoffman, 

Purnell, 

Blackiston. 

Holly  day, 

Robinette, 

Bond, 

Hopkins, 

Russell, 

Brown, 

Hopper, 

Horsey, 

Sands, 

Carter, 

Schley, 

Chambers, 

Johnson, 

Smith,  of  Wor., 

Clarke, 

Jones,  of  Cecil, 

Sneary, 

Crawford, 

Keefer, 

Stirling, 

Cunningham, 

Kennard, 

Stockbridge, 

Cushing, 

King, 

Swope, 

Sykes, 

Dail, 

Larsh, 

Daniel, 

Mace, 

Thomas, 

Davis,  of  Charles, 

Marbury, 

Thruston, 

Davis,  of  Wash., 

Markey, 

Todd, 

Dellinger, 

McComas, 

Valliant, 

Earle, 

Mitchell, 

Wickard, 

Ecker, 

Edelen, 

Morgan, 

Negative. 

Wooden — 72. 

Messrs. 

Dennis, 

Parran, 

Berry,  of  P.  G., 

Jones,  of  Som., 

Scott, 

Billingsley, 

Lee, 

Smith,  of  Dor., 

Briscoe, 

Miller, 

Wilmer — 11. 

So  the  question  was 

decided  in  the  affirmative. 

Mr.  Chambers  moved  that  the  further 

consideration  of  the 

Order  of  the  Day  be  postponed  until  Friday  next; 

Mr.  Hebb  moved  to  amend  said  motion 

as  follows: 

That  the  debate  on  the  Declaration  of  Bights  be  postponed 
until  Friday  next  at  1  o’clock,  as  to  Articles  4tli,  23d  and 
36th  of  the  Report  of  the  Committee; 

Decided  in  the  negative. 

The  question  then  recurring  upon  the  motion  of  Mr.  Cham¬ 
bers, 

Mr.  Hebb  demanded  the  yeas  and  nays. 

The  call  being  sustained, 


97 


The  yeas  and  nays  were  called  and  appeared  as  follows: 


Affirmative. 


essrs. 

Davis,  of  Charles, 

Mace, 

Goldsborough,  P’t 

Dennis, 

Marbury, 

Belt, 

Edelen 

Mitchell, 

Berry,  of  P.  G., 

Harwood, 

Miller, 

Billingsley, 

Blackiston, 

Henkle, 

Morgan, 

Hod  son, 

Murray, 

Bond, 

Holly  day, 

Parran, 

Briscoe, 

Horsey, 

Peter, 

Brown, 

Johnson, 

Purnell, 

Chambers, 

Jones,  of  Som. 

Smith,  of  Dor., 

Clarke, 

King, 

Smith,  of  Wor. 

Crawford, 

Larsh, 

Thomas, 

Dail, 

Daniel, 

Lee, 

Wilmer — 39. 

Negative. 


Messrs.  Abbott, 

Hoffman, 

Russell, 

Annan, 

Audoun, 

Hopkins, 

Sands, 

Hopper, 

Jones,  of  Cecil, 

Schley, 

Baker, 

Scott, 

Carter, 

Keefer, 

Sneary, 

Cunningham, 

Kennard, 

Stirling, 

Davis,  of  Wash., 

Markey, 

Stock  bridge, 

Dellinger, 

McComas, 

Mullikin 

Swope, 

Earle, 

Sykes, 

Ecker, 

Negley, 

Thruston, 

Galloway, 

Nyman, 

Todd, 

Greene, 

Parker, 

Yalliant, 

Hatch , 

Pugh, 

Wickard, 

Hebb, 

Robinette, 

Wooden — 42. 

So  the  motion  was  decided  in  the  neg 
The  Convention  then  adjourned. 

ative. 

13 


98 


WEDNESDAY,  May  25th,  1864. 

The  Convention  met. 

Prayer  by  the  Rev. .Mr.  Patterson. 

Present  at  the  call  of  the  roll,  the  following  members: 

Messrs.  Goldsborough,  President,  Abbott,  Annon,  Audoun, 
Baker,  Barron,  Belt,  Berry,  of  Prince  George's,  Billingsley, 
Blackiston,  Bond,  Briscoe,  Brooks,  Brown,  Carter,.  Clarke, 
Crawford,  Cunningham,  Cushing,  Dail,  Daniel,  Davis,  of 
Charles,  Davis,  of  Washington,  Dellinger,  Earle,  Ecker, 
Edelen,  Farrow,  Galloway,  Greene,  Harwood,  Hatch,  Hehb, 
Henkle,  Hodson,  Hoffman,  Hollyday,  Hopkins,  Hopper,  Hor¬ 
sey,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer, Kennard,  King, 
Lee,  Marbury,  Markey,  McComas,  Mitchell,  Miller,  Morgan, 
Mullikin,  Murray,  Negley,  Noble,  Nyman,  Parker,  Parran, 
Peter,  Pugh,  Purnell,  Ridgely,  Robinette,  Russell,  Sands, 
ter,  Smith,  of  Worcester,  Sneary,  Stirling,  Stockbridge, 
Schley,  Schlosser,  Scott,  Smith,  of  Carroll,  Smith,  of  Dorches- 
Swope,  Sykes,  Thomas,  Thruston,  Todd,  Yalliant,  Wickard, 
Wilmer,  Wooden — 85. 

The  proceedings  of  yesterday  were  read. 

Mr.  Yalliant  submitted  the  following  order  : 

Ordered,  That  one  hundred  and  thirty  copies  of  the  Rules 
and  Orders  for  the  government  of  the  Convention  he  printed  in 
pamphlet  form  for  the  use  of  the  members; 

The  consideration  of  which  was  postponed  until  to-morrow. 

Mr.  Stirling  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  Accounts  be  authorized  to 
pay  to  Mr.  Garmond,  of  Washington  county,  for  services  ren¬ 
dered  to  the  Committee  on  the  Bill  of  Rights,  such  per  diem 
as  they  may  think  reasonable  ; 

Which  was  adopted. 

Mr.  Clarke  from  the  Committee  to  consider  and  report  re¬ 
specting  the  Appointment,  'Tenure  of  Office,  Duties  and  Com¬ 
pensation  of  all  Civil  Offices  not  embraced  in  the  duties  of  other 
Standing  Committees,  submitted  the  following 

REPORT: 

The  Committee  to  consider  and  report  respecting  the  Ap¬ 
pointment,  Tenure  of  Office,  Duties  and  Compensation  of  all 


99 


Civil  Offices  not  embraced  in  the  duties  of  other  Standing 
Committees,  respectfully  submit  the  following  Article  and 
sections  to  be  embodied  in  the  Constitution: 

Section  1.  The  Governor,  the  Comptroller  of  the  Treasury 
and  the  Treasurer,  shall  constitute  the  Board  of  Public  Works, 
who  shall  exercise  a  diligent  and  faithful  supervision  of  all 
public  works  in  which  the  State  may  be  interested  as  stock¬ 
holder  or  creditor,  and  shall  appoint  the  Directors,  in  every 
Railroad  or  Canal  Company  in  which  the  State  has  the  legal 
power  to  appoint  Directors,  which  said  Directors  shall  repre¬ 
sent  the  State  in  all  meetings  of  the  Stockholders  of  every 
Railroad  or  Canal  Company  in  which  the  State  is  a  Stock¬ 
holder  ;  it  shall  be  the  duty  of  the  said  Board  of  Public  Works 
to  receive  from  time  to  time,  the  rate  of  tolls  adopted  by  any 
company,  use  all  legal  powers  which  they  may  possess  to  ob¬ 
tain  the  establishment  of  rates  of  tolls,  which  may  prevent 
an  injurious  competition  with  each  other,  to  the  detriment  of 
the  interests  of  the  State,  and  so  to  adjust  them  as  to  promote 
the  agriculture  of  the  State  ;  the  said  Board  of  Public  Works 
shall  keep  a  journal  of  their  proceedings,  they  shall  hold  regu¬ 
lar  sessions  in  the  city  of  Annapolis,  on  the  first  Monday  in 
January,  the  first  Monday  in  April,  the  first  Monday  in  July 
and  the  first  Monday  in  October,  in  each  year,  and  oftener  if 
necessary,  at  which  sessions  they  shall  hear  and  determine 
such  matters  as  affect  the  public  works  of  the  State,  and  the 
Legislature  may  confer  upon  them  the  power  to  decide ;  they 
shall  at  each  regular  session  of  the  Legislature,  make  a  report 
to  the  General  Assembly  and  recommend  such  legislation  as 
they  shall  deem  necessary  and  requisite  to  promote  or  protect 
the  interests  of  the  State  in  the  Public  Works,  and  perform 
such  other  duties  as  may  be  hereafter  prescribed  by  law  ;  the 
Governor,  Comptroller  of  the  Treasury  and  Treasurer  shall 
receive  no  additional  salary  for  the  services  rendered  as  mem¬ 
bers  of  the  Board  of  Public  Works. 

Sec.  2.  There  shall  be  a  Commissioner  of  the  Land  Office, 
elected  by  the  qualified  voters  of  the  State,  on  the 
day  of  in  the  year 

who  shall  hold  his  office  for  the  term  of  six 
years  from  the  first  day  of  January  next  after  his  election. 
The  returns  of  said  election  shall  be  made  to  the  Governor, 
and  in  the  event  of  a  tie  between  any  two  or  more  candidates 
the  Governor  shall  direct  a  new  election  to  be  held  by  writs 
to  the  Sheriffs  of  the  several  counties,  who  shall  hold  said 
election  after  at  least  twenty  days  notice,  exclusive  of  the  day 
of  election.  He  shall  perform  such  duties  as  are  now  required 
of  the  Commissioner  of  the  Land  Office,  and  shall  be  keeper 
of  the  Chancery  Records.  Pie  shall  receive  a  salary  of 


TOO 


eighteen  hundred  dollars  per  annum,  to  be  paid  out  of  the 
Treasury,  and  shall  charge  such  fees  as  are  now  or  may  be 
hereafter  fixed  by  law.  The  said  Commissioner  of  the 
Land  Office  shall  make  a  semi-annual  report  of  all  the  fees  of 
his  office  to  the  Comptroller  of  the  Treasury,  and  shall  pay 
the  same  semi-annually  into  the  Treasury. 

Sec.  3.  The  State  Librarian  shall  be  elected  by  joint  vote  of 
the  two  branches  of  the  Legislature  for  four  years,  and  until 
his  successor  shall  be  elected  and  qualified.  His  salary  shall 
be  fifteen  hundred  dollars  per  annum.  He  shall  perform  such 
duties  as  are  now  or  may  hereafter  be  prescribed  by  law. 

Sec.  4.  The  county  authorities,  now  known  as  County  Com¬ 
missioners,  shall  be  styled  “County  Commissioners,”  and 
shall  be  elected  by  general  ticket,  and  not  by  districts,  by  the 
voters  of  the  several  counties,  on  the  day  of 

in  the  year  and  on  the 

same  day  in  every  second  year  thereafter;  said  Commissioners 
shall  exercise  such  powers  and  perform  such  duties  only  as 
the  Legislature  may  from  time  to  time  prescribe;  but  such 
powers  and  duties  shall  be  similar,  and  the  tenure  of  office 
uniform  throughout  the  State,  and  the  Legislature  shall  have 
power  to  pass  such  laws  as  may  be  necessary  for  determining 
the  number  for  each  county,  fixing  the  salary,  and  ascertain¬ 
ing  and  defining  the  powers,  duties  and  tenure  of  office  of 
said  Commissioners;  and  the  Commissioners  elected  under  this 
Constitution  shall  have  and  exercise  all  the  powers  and  duties 
in  their  respective  counties,  now  exercised  by  the  County 
Commissioners  under  the  laws  of  the  State,  and  they  shall 
receive  the  same  salary,  and  their  present  number  in  the 
several  counties  shall  remain  the  same  until  changed  by 
law. 

Sec.  5.  The  General  Assembly  shall  provide  by  law  for  the 
appointment  of  Road  Supervisors  and  Constables  in  the 
several  counties  by  the  County  Commissioners,  and  the  num¬ 
ber  of  said  Supervisors  and  Constables  in  the  several  Election 
Districts  in  the  several  counties  shall  be  determined  by  the 
said  County  Commissioners,  but  the  tenure  of  office  shall  be 
uniform,  and  their  powers  and  duties  shall  be  similar  through¬ 
out  the  State. 

Sec.  6.  The  qualified  voters  of  each  county  and  the  city  of 
Baltimore  shall,  on  the  day  of 

in  the  year  '  and  every  two 

years  thereafter,  elect  a  Surveyor  for  the  counties  and  the  city 
of  Baltimore  respectively,  whose  duties  and  compensation 
shall  be  the  same  as  are  now  prescribed  by  law  for  the  County 
and  City  Surveyors  respectively,  or  as  may  hereafter  be  pre- 


101 


scribed  by  law.  The  term  of  office  of  said  County  and  City 
Surveyors  respectively,  shall  commence  on  the  first  Monday 
of  January  next  succeeding*  their  election.  And  vacancies  in 
said  office  of  Surveyors,  by  death,  resignation  or  removal 
from  their  respective  counties  or  city,  shall  be  filled  by  the 
Commissioners  of  the  counties,  or  the  Mayor  and  City  Council 
of  Baltimore  respectively. 

Sec.  7.  The  qualified  voters  of  orcester  county  shall,  on 

the  dav  of  in  the  year 

*/  »/ 

and  every  two  years  thereafter, 
elect  a  Wreck  Master  for  said  county,  whose  duties  and  com¬ 
pensation  shall  be  the  same  as  are  now  prescribed  or  may  be 
hereafter  prescribed  by  law  ;  the  term  of  office  of  said  Wreck 
Master  shall  commence  on  the  first  Monday  of  January  next 
succeeding  his  election,  and  a  vacancy  in  said  office  by  death, 
resignation  or  removal  from  the  county,  shall  be  filled  by  the 
County  Commissioners  of  said  county  for  the  residue  of  the 
term  thus  made  vacant. 

Sec.  8.  The  General  Assembly  may  provide  by  law  for  the 
election  or  appointment  of  such  other  officers  as  may  be  re¬ 
quired  and  are  not  herein  provided  for,  and  prescribe  their 
powers  and  duties,  but  the  tenure  of  office  and  mode  of  ap¬ 
pointment  of  all  county  officers  shall  be  uniform  and  their 
powers  and  duties  shalLbe  similar  throughout  the  State. 

Sec.  9.  All  persons  holding  any  office  under  Article  seven 
of  the  present  Constitution,  whether  by  appointment  or  elec¬ 
tion,  and  whose  offices  are  not  abolished  by  this  Constitution, 
shall  continue  to  hold  their  respective  offices  for  the  periods 
for  which  they  have  been  elected  or  appointed,  and  until  their 
successors  shall  be  duly  elected  or  appointed,  and  shall  qual¬ 
ify  according  to  law. 

Which  was  read  the  first  time. 

On  motion  of  Mr.  Daniel,  it  was 

Ordered,  That  the  use  of  this  Hall  be  granted  to  the  Blind 
Asylum  of  Baltimore  on  Wednesday  evening  next,  the  first 
of  June,  for  the  purpose  of  holding  a  concert. 

By  general  consent,  Mr.  Cushing  withdrew  the  notice 
given  yesterday  in  reference  to  Buie  forty-three,  (page  91,) 
and  gave  notice  that  on  to-morrow  he  would  move  to  amend 
Buies  forty-two  and  forty-three  as  follows  : 

Amend  Buie  forty-two  by  striking  out  the  words,  “on  the 
final  passage  of  a  report  or.” 

Amend  Buie  forty-three  by  striking  out  all  after  the  word 
“Journal”  in  the  third  line. 


102 


The  Order  of  tlie  Day,  to  wit :  the  report  submitted  by  Mr. 
Stirling,  from  the  Committee  on  the  Declaration  of  Rights, 
was  then  taken  up. 

Mr.  Peter  submitted  the  following  amendment  : 

Amend  Article  second  by  adding  after  the  word  thereof,  in 
the  last  line,  the  following  : 

“Provided,  however,  thai;  in  times  of  civil  war  the  internal 
government  and  police  of  this  State  shall  be  exclusively  regu¬ 
lated  by  military  commanders  and  Provost  Marshals  appointed 
by  the  President  of  the  United  States,  and  such  orders  as  the 
President  of  the  United  States  may  deem  right  and  proper.” 

Mr.  Hebb  called  the  previous  question. 

On  the  question  being  put,  “Shall  the  main  question  be 
now  put  ?” 

It  was  decided  in  the  affirmative. 

The  question  being  on  the  amendment  submitted  by  Mr. 
Peter, 

Mr.  Belt  demanded  the  yeas  and  nays. 

The  demand  being  sustained,  the  yeas  and  nays  were  called 
and  appeared  as  follows: 

Affirmative — None . 


Messrs. 

Negative. 

Galloway, 

Nyman, 

Parker, 

Goldsborough,  P’t 

Greene, 

Abbott, 

Harwood, 

Parr  an, 

Annan, 

Hatch, 

Peter, 

Audoun, 

Hebb, 

Pugh, 

Baker, 

Henkle, 

Purnell, 

Barron, 

Hoffman, 

Ridgely, 

Belt, 

Holly  day, 

Robinette, 

Berry,  of  P.  Geo., 

Hopkins, 

Russell, 

Billingsley, 

Hopper, 

Horsey, 

Sands, 

Blackiston, 

Schley, 

Bond, 

Johnson, 

Schlosser, 

Briscoe, 

Jones,  of  Cecil, 

Scott, 

Brooks, 

Jones,  of  Som., 

Smith,  of  Carroll, 

Brown, 

Keefer, 

Smith,  of  Dor., 
Smith,  of  Wor., 

Carter, 

Kennard, 

Clarke, 

King, 

Sneary, 

Crawford, 

Lee, 

Stirling, 

Cunningham, 

Marbury, 

Stockbridge, 

103 


Cushing, 

Markey, 

Swope, 

Dail, 

McComas, 

Sykes, 

Daniel, 

Mitchell, 

Thomas, 

Davis,  of  Charles, 

Miller, 

Thurston, 

Davis,  of  Wash., 

Morgan, 

Todd, 

Dellinger, 

Mullikin, 

Valliant, 

Earle, 

Murray, 

Wickard, 

Ecker, 

Negley, 

Wilmer, 
Wooden — 84. 

Edelen, 

Farrow, 

Noble, 

So  the  amendment 

was  rejected. 

The  question  then  recurring  on  the  adoption  of  the  2d  arti¬ 
cle,  on  its  second  reading, 

It  was  decided  in  the  affirmative. 

Mr.  Marbury  submitted  the  following  amendment: 

Amend  the  3d  article  by  adding  to  the  end  thereof  the  fol¬ 
lowing  words:  “and  all  other  property  which  they  have  ac¬ 
quired  and  hold  under  the  Constitution  and  laws  of  this  State, 
and  the  Constitution  and  laws  of  the  United  States,  as  well  in 
times  of  war  as  in  times  of  peace.” 

The  question  being  on  the  adoption  of  said  amendment, 

Mr.  Jones,  of  Somerset,  demanded  a  division  of  the  matter. 

The  question  being  on  the  adoption  of  the  first  clause  of 
said  amendment,  to  wit:  “and  all  other  property  which  they 
have  acquired  and  hold  under  the  Constitution  and  laws  of 
this  State,  and  the  Constitution  and  laws  of  the  United 
States.” 


Mr.  Clarke  demanded  the  yeas  and  nays. 

The  demand  being  sustained,  the  yeas  and  nays  were  called 
and  appeared  as  follows: 


Messrs.  Belt, 

Berry,  of  P.  Geo., 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Clarke, 

Crawford, 


Affirmative. 

Dail, 

Davis,  of  Char]  es, 
Edelen, 

Harwood, 

Henkle, 

Hollyday, 

Horsey, 

Johnson, 

Jones,  of  Som., 


Lee, 

Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Peter, 

Smith,  of  Dor., 
Wilmer — 27. 


104 


Negative. 


Messrs. 

Hebb, 

Robinette, 

Goldsborough,  P’t 

Hoffman, 

Russell, 

Abbott, 

Hopkins, 

Sands, 

Annan, 

Hopper, 

Schley, 

Audoun, 

Jones,  of  Cecil, 

Schlosser, 

Baker, 

Keefer, 

Scott, 

Barron, 

Brooks, 

Kennard, 

Smith,  of  Carroll 

King, 

Smith,  of  Wor., 

Carter, 

Markey, 

Sneary, 

Cunningham, 

Me  Co  m  as, 

Stirling, 

Cushing, 

Mullikin, 

Stockbridge, 

Daniel, 

Murray, 

Swope, 

Davis,  of  Wash., 

Negley, 

Sykes, 

Dellinger, 

Noble, 

Thomas, 

Earle, 

Nyman, 

Parker, 

Thruston, 

Ecker, 

Todd, 

Farrow, 

Galloway, 

Pugh, 

Valliant, 

Purnell, 

Wickard, 

Greene, 

Ridgeiy, 

Wooden — 57. 

Hatch , 

So  the  question  was 

* .  *  *  •  '*  " "  '  - 

decided  in  the  negative. 

The  question  being  on  the  adoption  of  the  second  clause  of 
said  amendment  to  wit  :  “as  well  in  times  of  war  as  in  times 
of  peace.” 


Mr.  Marbury  demanded  the  yeas  and  nays; 

The  demand  being  sustained,  the  yeas  and  nays  were  called 
and  appeared  as  follows: 


Messrs.  Belt, 
Berry,  of  P.  Geo., 
Billingsley, 
Blackiston, 

Bond, 

Briscoe, 

Brown, 

Clarke, 

Crawford, 

Dail,  • 

Messrs. 

Goldsborough,  PJt 
Abbott, 

Annan, 


Affirmative. 

Davis,  of  Charles, 
Edelen, 

Harwood, 

Henkle, 

Hodson, 

Holly  day, 

Horsey, 

Johnson, 

Jones,  of  Bom. 

Negative. 

ITebb, 

Hoffman, 

Hopkins, 


Lee, 

Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Peter, 

Smith,  of  Dor., 
Wilmer — 28. 


Robinette, 

Russell, 

Sands, 


105 


Audoun, 

Baker, 

Barron, 

Hopper, 

Jones,  of  Cecil, 

Schley, 

Schlosser, 

Keefer, 

Scott, 

Brooks, 

Kennard, 

Smith,  of  Carroll, 

Carter, 

King, 

Smith,  of  Wor., 

Cunningham, 

Mar  key, 

Me  Co  mas, 

Sneary, 

Cushing, 

Stirling, 

Daniel, 

Mullikin, 

Stockbridge, 

Davis,  of  Wash., 

Murray, 

Swope, 

Dellinger, 

Negley, 

Sykes, 

Earle, 

Noble, 

Thomas, 

Ecker, 

IMvman, 

Thruston, 

Farrow, 

Parker, 

Todd, 

Galloway, 

Pugh, 

Yalliant, 

Greene, 

Purnell, 

Wickard, 

Hatch , 

Ridgely, 

Wooden — 57. 

So  the  question  was  decided  in  the  negative. 


Mr.  Belt  submitted  the  following  amendments  : 

.Art.  3 — Add  the  words;  “And  that  no  right  of  property, 
now  lawfully  held  in  this  State,  ought  to  he  destroyed  or  im¬ 
paired,  without  compensation  to  the  owners  thereof.” 

Mr.  Schley  called  the  previous  question; 

On  the  question  being  put,  “shall  the  main  question  he 
now  put  ?” 

It  was  decided  in  the  affirmative. 

# 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  bv  Mr.  Belt, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and  nays, 

The  demand  being  sustained,  the  yeas  and  nays  were  called 
and  appeared  as  follows: 


Messrs. 

Belt, 

Berrv,  of  P.  G. 
Billingsley, 
Blackiston, 
Bond, 

Briscoe, 

Brown, 

Clarke, 

Crawford, 


Affirmative. 


Dail, 

Davis,  of  Charles, 
Edelen, 

Harwood, 

Henkle, 

Hodson, 

Hollyday, 

Horsey, 

Johnson, 


Jones,  of  Som. 

Marbury, 

Mitchell, 


Miller, 

Morgan, 

Par  ran, 

Peter, 

Smith,  of  Dor. 
Wilmer — 27. 


14 


Messrs. 

GoldsboroughjP’t 

106 

Keg  ATI  ye. 

Hebb, 

Kobinette, 

Abbott, 

Hoffman, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Audoun, 

Hopper, 

Schley, 

Baker, 

Jones,  of  Cecil, 

Schlosser, 

Barron, 

Keefer, 

Scott, 

Brooks, 

Kennard, 

Smith,  of  Carroll, 

Carter,. 

King, 

Smith,  ofWor. 

Cunningham, 

Markey, 

Sneary, 

Cushing, 

Me  Com  as, 

Stirling, 

Daniel, 

Mullikin, 

Stockbridge, 

Davis,  of  Wash., 

Murray, 

Swope, 

Dellinger, 

Negley, 

Sykes, 

Earle, 

Noble, 

Thomas, 

Ecker, 

Nyman, 

Parker, 

Thruston, 

Farrow, 

Todd, 

Galloway, 

Pugh, 

Valliant, 

Greene, 

Purnell, 

Wickard, 

Hatch , 

Ridgely, 

Wooden — 57. 

■ 

So  the  amendment  was  rejected. 

The  said  article  was  then  adopted  on 

its  second  reading. 

The  consideration  of  Article  4  was  passed  over  informally. 


Mr.  King  submitted  the  following  amendment : 

Article  5,  7th  line,  strike  out  all  after  the  word  “Govern¬ 
ment.” 

Which  was  rejected. 

Mr.  Scott  submitted  the  following  amendment : 

Article  14,  strike  out  all  between  the  word  “that”  in  the 
first  line,  and  the  word  “every”  in  the  third  line. 

Mr.  Daniel  submitted  the  following  amendment  to  said 
amendment : 

Strike  out  the  14th  Article,  and  insert:  That  every  person 
in  this  State,  or  person  holding  property  therein,  ought  to 
contribute  his  proportion  of  public  taxes  for  the  support  of 
Government,  according  to  his  actual  worth  in  real  or  per¬ 
sonal  property;  and  that  fines,  duties  or  taxes  may  properly 
and  justly  be  imposed  or  laid  on  persons  or  property  for  the 
good  government  and  benefit  of  the  community. 

The  question  being  on  the  adoption  of  the  said  amendment 
to  the  amendment. 


m 


Mr.  Daniel  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Goldsboro  ugh,  P’t 
Annan, 

Belt, 

Bond, 

Brown, 

Carter, 

Clarke, 

Cushing, 

Dail, 

Daniel, 

Dellinger, 


Messrs.  Abbott, 
Audoun, 

Baker, 

Barron, 

Berry,  of  P.  Geo., 
Billingsley, 
Blackiston, 
Briscoe, 

Brooks, 

Crawford, 
Cunningham, 
Davis,  of  Charles, 
Davis,  of  Wash. , 
Ecker, 

Edelen, 

Farrow, 


Earle, 

Greene, 

Hebb, 

Iienkle, 
Hodson, 
Hopper, 
Plorsey, 
Johnson, 
Jones,  of  Cecil 
Jones,  of  Som., 
Lee, 

Miller, 

Negative. 

Galloway, 

Harwood, 

Hatch, 

Hoffman, 

Hopkins, 

Keefer, 

Kennard, . 

King, 

Marbury, 

Markey, 

McComas, 

Mitchell, 

Morgan, 

Mullikin, 

Murray, 

Negley, 


Noble, 

Parker, 

Pugh, 

Bobinette, 

Scott, 

Smith,  of  Dor., 
Sneary, 

Sykes, 

Todd, 

Valliant, 
Wickard, 
Wilmer — 35. 


Nyman, 

Parra  n, 

Peter, 

Purnell, 

Kidgely, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Stirling, 
Stockbridge, 
Swope, 

Thomas, 

Wooden — 48. 


So  the  amendment  to  the  amendment  was  rejected. 

Mr.  Greene  submitted  the  following  amendment  to  the 

amendment  as  submitted  bv  Mr.  Scott: 

•/ 

Strike  out  Article  14,  and  insert  the  following  as  Article 
14:  That  paupers  ought  not  to  be  assessed  for  the  support  of 
the  Government,  but  every  person  in  the  State,  holding 
property  therein,  ought  to  contribute  his  proportion  of  public 
taxes  for  the  support  of  Government,  according  to  his  actual 
worth  in  real  or  personal  property;  and  fines,  duties  or  taxes 
may  properly  and  justly  be  imposed  or  laid  on  persons  or 


108 


property  for  the  good  government  and  benefit  of  the  commu¬ 
nity;  provided,  that  no  capitation  tax  shall  be  imposed  as  a 
qualification  for  the  exercise  of  the  right  of  suffrage. 

Pending  the  consideration  of  which, 

The  Convention  adjourned. 


THURSDAY,  May  26th,  1864. 

The  Convention  met, 

Prayer  by  the  Rev.  Mr.  Owen. 

Present  at  the  call  of  the  roll  the  following  members  : 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Barron,  Belt,  Berry,  of  Prince  George’s,  Billingsley, 
Blackiston,  Bond,  Briscoe,  Brown,  Carter,  Crawford,  Cun¬ 
ningham,  Cushing,  Dail,  Daniel,  Davis,  of  Charles,  Davis, 
of  Washington,  Dellinger,  Dennis,  Duvall,  Earle,  Ecker, 
Edelen,  Farrow,  Galloway,  Greene,  ITarwood,  Hatch,  Hebb, 
Henkle,  Iiodson,  Hopkins,  Plopper,  Horsey,  Johnson,  Jones, 
of  Cecil,  Jones,  of  Somerset,  Keefer,  Kennard,  King,  Lans- 
dale,  Larsh,  Lee,  Mace,  Marhury,  Markey,  McComas,  Mitch¬ 
ell,  Miller,  Morgan,  Mullikin,  Murray,  Negley,  Noble,  Ny¬ 
man,  Parker,  Parran,  Peter,  Pugh,  Purnell,  Ridgely,  Robin¬ 
ette,  Russell,  Schley,  Schlosser,  Scott,  Smith,  of  Carroll, 
Smith,  of  Dorcester,  Smith,  of  Worcester,  Sneary,  Stirling, 
Stockbridge,  Sykes,  Thomas,  Thruston,  Todd,  Wickard,  Wil- 
mer,  Wooden — 83. 

The  proceedings  of  yesterday  were  read. 

On  motion  of  Mr.  Smith,  of  Carroll, 

It  was  ordered  to  he  entered  on  the  Journal  that  Dr.  John 
Swope,  of  Carroll  county,  is  absent  from  the  Convention  on 
account  of  the  illness  of  his  brother. 

The  order  submitted  by  Mr.  Valliant  on  yesterday,  to  wit : 
that  one  hundred  and  thirty  copies  of  the  Rules  be  printed  in 
pamphlet  form  for  the  use  of  the  members, 

Was  taken  up, 


109 


On  motion  of  Mr.  Cushing, 

The  consideration  of  the  order  was  postponed  until  to-mor¬ 
row. 

In  accordance  with  notice  given  by  Mr.  Cushing  on  yester¬ 
day,  he  submitted  the  following  amendments  to  the  report  of 
the  Committee  on  Rules  : 

Rule  42.  Strike  out  the  words  “on  the  final  passage  of  a 
report  or/’  in  the  first  and  second  lines. 

Rule.  43.  Strike  out  all  after  the  word  “Journal,”  in  the 
third  line. 

The  question  being  on  the  adoption  of  the  first  amendment : 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 


Messrs.  Abbott, 

Ilebb, 

Nyman, 

Annan, 

Hopkins, 

Pugh, 

Baker, 

Hopper, 

Robinette, 

Carter, 

Jones,  of  Cecil, 

Russell, 

Cunningham, 

Keefer, 

Schley, 

Cushing, 

King, 

Schlosser, 

Davis,  of  Wash. 
Dellinger, 

Larsh, 

Sneary, 

Mace, 

Markey , 

Stirling, 

Ecker, 

Sykes, 

Thruston, 

Farrow, 

McComas, 

Galloway, 

Mullikin, 

Todd, 

Greene, 

Negley, 

Wickard, 

Hatch , 

Noble, 

Negative. 

Wooden — 39. 

Messrs. 

Dennis, 

Miller, 

Goldsborough,  Pt. 

Duvall, 

Morgan, 

Audoun, 

Earle, 

Murray, 

Barron, 

Edelen, 

Parker, 

Belt, 

Harwood, 

Parran, 

Berry,  of  P.  G. 

Henkle, 

Peter, 

Billingsley, 

Hod  son, 

Purnell, 

Blackiston, 

Horsey, 

Eidgely, 

Bond, 

Johnson, 

Scott, 

Briscoe, 

Jones,  of  So  in. 

Smith,  of  Carroll, 

Brown, 

Kennard, 

Smith,  of  Dorch’r, 

Crawford, 

Lansdale, 

Smith,  of  Wor., 

110 


Dail,  Lee,  Thomas, 

Daniel,  Marbury,  Wilmer — 43. 

Davis,  of  Charles,  Mitchell, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Cushing  withdrew  the  second  amendment,  and  gave 
notice  that  on  to-morrow  he  would  offer  the  following  amend¬ 
ments: 

Amend  Buie  42  by  striking  out  the  words  “on  the  final 
passage  of  a  report,  or  a  motion  to  suspend  the  Rules,  or.” 

Amend  Rule  43  by  striking  out  all  after  the  word  “nays” 
in  the  second  line. 


The  Order  of  the  Day  being  the  majority  report  of  the 
Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Greene  to  the  amendment  of  Mr.  Scott,  to  wit: 

Strike  out  Article  14,  and  insert  the  following  as  Article 
14:  That  paupers  ought  not  to  be  assessed  for  the  support  of 
the  Government,  but  every  person  in  the  State,  holding 
property  therein,  ought  to  contribute  his  proportion  of  public 
taxes  for  the  support  of  Government,  according  to  his  actual 
worth  in  real  or  personal  property;  and  fines,  duties  or  taxes 
may  properly  and  justly  be  imposed  or  laid  on  persons  or 
property  for  the  good  government  and  benefit  of  the  commu¬ 
nity:  provided,  that  no  capitation  tax  shall  be  imposed  as  a 
qualification  of  the  exercise  of  the  right  of  suffrage. 


Mr.  Thomas  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Goldsborough,  P’t 
Annan, 

Belt, 

Bond, 

Carter, 

Cushing, 

Dail, 

Daniel, 

Davis,  of  W ash., 


Affirmative. 

i 

Henkle, 

Hodson, 

Hopkins, 

Hopper, 

Horsey, 

Johnson, 

Jones,  of  Cecil, 
Jones  of  Somerset, 
King, 

Lansdale, 


Murray, 

Noble,  ' 
Nyman, 

Parker, 

Pugh, 

Robinette, 

Schley, 

Scott, 

Smith,  of  Dor., 
Sneary, 


Ill 


Dellinger, 

Larsh, 

Sykes, 

Dennis, 

Lee, 

Thruston, 

Earle, 

Mace, 

Todd, 

Farrow 

Miller, 

•  Wickard, 

Greene, 

Mullikin, 

Wilmer — 45. 

Hebb, 

Negative. 

essrs.  Abbott, 

Ecker, 

Par  ran. 

Audoun, 

Edelen, 

Peter, 

Baker, 

Galloway, 

Purnell, 

Barron, 

Harwood, 

Ridgely, 

Berry,  of  P.  Geo., 

Hatch, 

Russell, 

Billingsley, 

Keefer, 

Schlosser, 

Blackistou, 

Kennard, 

Smith,  of  Carroll, 

Briscoe, 

Brown, 

Marbury, 

Smith,  of  Wor., 

Markey, 

Stirling, 

Stockbridge, 

Crawford, 

McComas, 

Cunningham, 

Mitchell, 

Thomas, 

Davis,  of  Charles, 

Morgan, 

Wooden — 38. 

Duvall, 

Negley, 

So  the  question  upon  its  adoption  was  decided  in  the  affirm- 
tive. 

Mr.  Miller  submitted  the  following  amendment  to  the 
amendment  last  adopted: 

After  the  word  “suffrage/’  in  the  last  line,  insert:  But  it 
being  the  duty  of  every  qualified  voter  to  exercise  the  right 
of  suffrage,  the  Legislature  ought  to  provide,  by  law,  fines 
and  penalties  for  the  refusal  or  neglect  to  vote  without  rea¬ 
sonable  excuse. 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Miller  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Affirmative. 


Messrs.  Belt, 

Henkle, 

Lee, 

Blackiston, 

Johnson, 

Miller, 

Bond, 

Lansdale, 

Negative. 

Parker — 

Messrs. 

Edelen, 

Noble, 

Goldsborougli,  P’t 

Farrow. 

/ 

Nyman, 

Abbott, 

Galloway, 

Parran, 

Annan, 

Greene, 

Peter, 

112 


Audoun, 

Harwood, 

Pugh, 

Baker, 

Hebb, 

Purnell, 

Barron, 

Berry,  of  P.  Geo.,. 

Hopkins, 

Ridgely, 

Hopper, 

Horsey, 

Robinette, 

Billingsley, 

Russell, 

Briscoe, 

Jones,  of  Cecil, 

Schley, 

Brown, 

Jones,  of  Som., 

Schlosser, 

Carter, 

Keefer, 

Scott, 

Crawford, 

Kennard, 

Smith,  of  Carroll, 

Cunningham, 

King, 

Smith,  of  Dor., 

Cushing, 

Larsh, 

Smith,  of  Wor. , 

Dail, 

Mace, 

Sneary, 

Stirling, 

Daniel, 

Marbury, 

Davis,  of  Charles, 

Mar  key,* 

Stockbridge, 

Davis,  of  Wash., 

McComas, 

Thomas, 

Dellinger, 

Mitchell, 

Thruston, 

Dennis, 

Duvall, 

Morgan, 

Todd, 

Mullikin, 

Wickard, 

Earle, 

Ecker, 

Murray, 

Negley, 

Wilmer — 71. 

So  tlie  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 


Mr.  Ridgely  submitted  the  following  amendment  to  the 
amendment  last  adopted: 

After  the  word  “suffrage/*  in  the  last  line,  insert:  “Nor 
for  any  other  purpose  than  the  promotion  of  public  educa¬ 
tion.” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Thomas  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs.  Baker, 
Cunningham, 

King, 

Parran, 

Larsh, 

Pugh, 

Ridgely, 

Cushing, 

Mace, 

McComas, 

Davis,  of  Wash., 

Robinette, 

Farrow, 

Mitchell, 

Schley, 

Galloway, 

Mullikin, 

Schlosser, 

Greene, 

Murray, 

Scott, 

Stirling, 

Hebb, 

Noble, 

Hopper, 

Nyman, 

Thruston, 

Jones,  of  Cecil, 
Keefer, 

Parker, 

Todd— 31. 

113 


Negative. 


Messrs. 

Dellinger, 

Markey, 

Goldsborough  P’t, 

Dennis, 

Miller, 

Abbott, 

Duvall, 

Morgan, 

Annon, 

Audoun, 

Earle, 

Negley, 

Ecker, 

Peter, 

Barron, 

Edelen, 

Purnell, 

Belt, 

Harwood, 

Russell, 

Berry,  of  P.  Geo., 

Hatch, 

Smith,  of  Carroll, 

Billingsley, 

Henkle, 

Smith,  of  Dor., 

B1  acids  ton, 

Hodson, 

Smith,  of  Wor., 

Bond, 

Hopkins, 

Sneary, 

Briscoe, 

Horsey, 

Stockbridge, 

Brown, 

Johnson, 

Sykes, 

Thomas, 

Carter, 

Jones,  of  Sorn., 

Crawford, 

Kennard, 

Wickard, 

Dail, 

Lansdale, 

Wilmer, 

Daniel, 

Davis,  of  Charles, 

Lee, 

Marbury, 

Wooden — 52. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 


Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment  to  the  amendment  last  adopted: 

Strike  out  the  amendment  and  insert., 

“  Article  14,  The  General  Assembly  shall  have  power  to 
lay  and  collect  taxes  for  the  defence  of  the  State,  and  the 
support  of  the  government  thereof,  and  for  purposes  of  educa¬ 
tion  ;  also  to  lay  any  imposts  or  duties  on  imports  or  exports 
which  may  be  absolutely  necessary  for  the  execution  of  the 
State  Inspection  Laws  ;  and  also  such  fines,  duties  or  taxes  as 
they  may  deem  expedient  and  proper  for  the  good  government 
and  benefit  of  the  community, 

Decided  in  the  negative. 

Mr.  Peter  moved  that  the  House  do  now  adjourn; 

Decided  in  the  negative. 

Mr.  Stirling,  submitted  the  following  amendment  to  the 
amendment  last  adopted: 

Strike  out  all  after  the  word  “that”  in  the  first  line,  and 
insert  the  words,  “paupers  ought  not  to  be  assessed  for  the 
support  of  the  Government,  but  every  other  person  in  the 
State,  or  person  holding  property  therein,  ought  to  contri¬ 
bute  his  proportion  of  public  taxes  for  the  support  of  Govern¬ 
ment,  according  to  his  actual  worth  in  real  or  personal  pro- 

15 


114 


perty;  yet  fines,  duties  or  taxes  may  properly  and  justly  be 
imposed  or  laid  for  the  good  government  and  benefit  of  the 
community.” 

The  question  being  on  the  adoption  of  the  amendment; 

Mr.  Schlosser,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Baker, 

Belt, 

Berry,  of  P.  Geo. 

Billingsley, 

Brown, 

Carter, 

Crawford, 

Cunningham, 

Cushing, 

Bail, 

Davis,  of  Charles, 

Messrs.  Audoun, 
Barron, 

Bond, 

Briscoe, 

Daniel, 

Dennis, 

Earle, 

Green, 

Harwood, 

Hatch , 

Hebb, 


Affirmative. 

Davis,  of  Wash. 
Dellinger, 

Ecker, 

Edelen, 

Farrow, 

Galloway, 

Hopper, 

Jones,  of  Somerset 
Keefer, 

Kennard, 

Mace, 

Markey, 

McComas, 

Mitchell, 

Miller, 

Negative. 

Hopkins, 

Horsey, 

Johnson, 

Jones,  of  Cecil, 
King, 

Lansdale, 

Lee, 

Marbury, 

Negley, 

Pugh, 

Kidgely, 


Morgan, 

Mullikin, 

Murray, 

Noble,  ' 

Nyman, 

Parker, 

Peter, 

Purnell, 

Robinette, 

Russell, 

Schlosser, 

Scott, 

Smith,  of  Wor. 
Sneary, 

Stirling — 44. 

Schley, 

Smith,  of  Carroll, 
Smith,  of  Dor. 
Stockbridge, 
Sykes, 

Thomas, 

Thruston, 

Todd, 

Wickard, 

Wilmer, 

Wooden — 33. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  Convention  adjourned. 


115 


FRIDAY,  May  21th,  1864. 

The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Davenport. 

Present  at  the  call  of  the  roll  the  following  members: 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Barron,  Belt,  Berry,  of  Baltimore  co.,  Berry,  of 
Prince  George’s,  Billingsley,  Blackis'ton,  Bond,  Brooks, 
Brown,  Carter,  Clarke,  Crawford,  Cunningham,  Cushing, 
Daniel,  Davis,  of  Charles,  Davis  of  Washington,  Dellinger, 
Duvall,  Earle,  Ecker,  Edelen,  Farrow,  Galloway,  Green, 
Harwood,  Hebb,  Henkle,  Hodson,  Hoffman,  Hopkins,  Hop¬ 
per,  Horsey,  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset, 
Keefer,  King,  Lansdale,  Larsh,  Lee,  Marbury,  Markey, 
McComas,  Mitchell,  Miller,  Morgan,  Mullikin,  Murray,  Neg- 
ley,  Noble,  Nyman,  Parker,  Parran,  Peter,  Pugh,  Purnell, 
Robinette,  Russell,  Sands,  Schley,  Scott,  Smith,  of  Carroll, 
Smith,  of  Dorchester,  Sneary,  Stirling,  Sykes,  Thomas,  Thrus- 
ton,  Todd,  Yalliant,  Wickard,  Wilmer,  Wooden — 81. 

The  proceedings  of  yesterday  were  read. 

The  order  submitted  by  Mr.  Yalliant  on  Wednesday,  to 
wit:  that  one  hundred  and  thirty  copies  of  the  Rules  be 
printed  in  pamphlet  form  for  the  nse  of  the  members; 

Was  taken  up. 

Mr.  Yalliant  moved  to  postpone  the  consideration  of  the 
order  until  to-morrow. 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  order, 

It  was  decided  in  the  affirmative. 

Mr.  Cushing,  in  accordance  with  previous  notice  given, 
submitted  the  following  amendments  to  the  Report  of  the 
Committee  on  Rules: 

Amend  Rule  42  by  striking  out  the  words  “on  the  final 
passage  of  a  report,  or  a  motion  to  suspend  the  rules,  or.” 

Amend  Rule  43  by  striking  out  all  after  the  word  “nays,” 
in  the  second  line. 

The  question  being  on  the  adoption  of  the  first  amendment, 

Mr.  Hebb  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 


The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


essrs.  Abbott, 

Hoffman, 

Pugh, 

Annan, 

Baker, 

Hopkins, 

Purnell, 

Hopper, 

Robinette, 

Barron, 

Jones,  of  Cecil, 

Russell, 

Carter, 

Keefer, 

Sands, 

Cunningham, 

Kennard, 

Schley, 

Cushing, 

King, 

Sneary, 

Daniel, 

Larsh, 

Stirling, 

Davis,  of  Wash. 

Markey, 

Sykes, 

Dellinger, 

McComas, 

Thruston, 

Ecker, 

Mullikin, 

Todd, 

Farrow, 

Galloway, 

Murray, 

Negley, 

Valliant, 

Wickard, 

Greene, 

Noble, 

Wooden — 44. 

Hebb, 

Nyman, 

Negative. 

essrs. 

Clarke, 

Marbury, 

Goldsborough,  P’t 

Crawford, 

Mitchell, 

Audoun, 

Davis,  of  Charles, 

Miller, 

Belt, 

Duvall, 

Morgan, 

Parker, 

Berry,  of  Balt.  co. 

Earle, 

Berry,  of  P.  Geo. 

Edelen, 

Parran, 

Billingsley, 

Harwood, 

Peter, 

Blackiston, 

Henkle, 

Scott, 

Bond, 

Horsey, 

Johnson, 

Smith  of  Car. 

Briscoe, 

Smith,  of  Dor. 

Brooks, 

Jones,  of  Som. 

Thomas, 

Brown, 

Chambers, 

Lansdale, 

Wilmer — 37. 

Lee, 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 


Mr.  Clarke,  of  Prince  George’s,  appealed  from  the  decision 
of  the  Chair,  declaring  the  amendment  of  the  Standing  Pules 
offered  by  the  gentleman  from  Baltimore  city  adopted  by  a 
vote  of  44  in  the  affirmative  and  37  in  the  negative,  upon  the 
ground  that  the  Pules  of  Order  having  been  adopted  by  a 
majority  of  the  members  elected  to  this  Convention,  they  can 
only  be  changed  by  a  vote  of  the  majority  of  the  members 
elected  to  the  Convention,  and  upon  the  ground  that  accord¬ 
ing  to  parliamentary  practice,  where  it  takes  a  majority  of 
the  members  elected  to  any  deliberative  body  to  adopt  a  rule, 
it  requires  the  same  number  to  change  or  repeal. 

Mr.  Daniel  moved  to  lay  the  appeal  on  the  table. 


117 


The  question  being  on  the  adoption  of  the  motion, 

Mr.  Clarke  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


Messrs. 

Galloway, 

Nyman, 

Goldsborough,  P’t 

Greene, 

Pugh, 

Abbott, 

PI  ebb,  ' 

Robinette, 

Annan, 

Hoffman, 

Russell, 

Audoun, 

Hopkins, 

Sands, 

Baker, 

Hopper, 

Scott, 

Berry,  of  Balt.  co. 

Jones,  of  Cecil, 

Smith,  of  Carroll 

Brooks, 

Keefer,  • 

Snear}^, 

Carter, 

Kennard, 

Stirling, 

Cunningham, 

King, 

Sykes, 

Cushing, 

Larsh, 

Thomas, 

Daniel, 

Markey, 

Thruston, 

Davis,  of  Wash., 

McComas, 

Mullikin, 

Todd, 

Dellinger, 

Valliant, 

Earle, 

Murray, 

Wickard, 

Ecker, 

Negley, 

Wooden — 49. 

Farrow^, 

Noble, 

Negative. 

Messrs.  Barron, 

Davis,  of  Charles, 

Lee, 

Berry,  of  P.  G., 

Duvall, 

Mar  bury, 

Billingsley, 

Edelen, 

Mitchell, 

Blackiston, 

Harwood, 

Miller, 

Bond, 

Henkle, 

Morgan, 

Briscoe, 

Hod  son, 

Parker, 

Brown, 

Horsey, 

Parran, 

Chambers, 

Johnson, 

Peter, 

Clarke, 

Jones,  of  Som. 

Smith,  of  Dor., 

Crawford, 

Lansdale, 

Wilmer — 30. 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 


The  question  then  recurring  upon  the  second  amendment 
submitted  by  Mr.  Cushing, 

Mr.  Berr}^,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 


118 


Affirmative. 


Messrs.  Abbott, 

Hebb, 

Pugh, 

Annan, 

Hopkins, 

Purnell, 

Baker, 

Hopper, 

Robinette, 

Barron, 

Jones,  of  Cecil, 

Russell, 

Berry,  of  P.  Geo., 

Keefer, 

Sands, 

Carter, 

Ivennard, 

Scott, 

Clarke, 

King, 

Smith,  of  Carroll, 

Cunningham, 

Larsh, 

Sneary, 

Stirling, 

Cushing, 

Markey, 

Daniel, 

McComas, 

Sykes, 

Thruston, 

Davis,  of  Wash., 

Miller, 

Dellinger, 

Mullikin, 

Todd, 

Ecker, 

Murray, 

Valliant, 

Farrow, 

Galloway, 

Negley, 

Wickard, 

Noble, 

Wooden — 47. 

Greene, 

Nyman, 

Negative. 

Messrs. 

Crawford, 

Lansdale, 

Goldsborough,  P’t 

Davis,  of  Charles, 

Lee, 

Audoun, 

Duvall, 

Marbury, 

Belt, 

Earle, 

Mitchell, 

Berry,  of  Balt.  Co. 

Edelen, 

Morgan, 

Billingsley, 

Harwood, 

Parker, 

Blackiston, 

Henkle, 

Parran, 

Bond, 

Hodson, 

Horsey, 

Peter, 

Briscoe, 

Smith,  of  Dor., 

Brooks, 

Johnson, 

Thomas, 

Brown, 

Jones,  of  Som., 

Wilmer — 33. 

Chambers, 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 

Mr.  Sands  moved  to  re-consider  the  vote  last  taken. 

Mr.  Stirling  called  the  previous  question; 

On  the  question  being  put,  “shall  the  main  question  be 
now  put  ?” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  motion  to 
re-consider, 

It  was  decided  in  the  negative. 

Mr.  Todd,  from  the  Committee  on  Future  Amendments  to 
the  Constitution,  submitted  the  following  report: 


119 


AMENDMENTS  OF  THE  CONSTITUTION. 

Section  1.  Either  branch  of  the  General  Assembly  may 
propose  amendments  to  this  Constitution;  and  if  the  same 
shall  he  agreed  to  by  three-fifths  of  the  members  elected  to 
each  house,  such  proposed  amendments  shall  be  entered  on  the 
Journals,  with  the  yeas  and  nays  taken  thereon,  and  shall  be 
published  in  two  newspapers  in  each  county  in  the  State  where 
two  are  published,  and  in  three  newspapers  in  the  city  of  Bal¬ 
timore,  one  of  which  shall  be  German,  for  three  months  pre¬ 
ceding  the  next  election  for  Senators  and  Representatives,  at 
which  time  the  same  shall  he  submitted  to  the  electors  for 
their  approval  or  rejection  ;  and  if  a  majority  of  the  electors 
voting  at  such  election,  shall  adopt  such  amendments,  the 
sauie  shall  become  a  part  of  the  Constitution. 

When  more  than  one  amendment  shall  be  submitted  at  the 
same  time,  they  shall  he  so  submitted  as  to  enable  the  electors 
to  vote  on  each  amendment  separately. 

Sec.  2.  Whenever  two-thirds  of  the  members  elected  to  each 
branch  of  the  General  Assembly,  shall  think  it  necessary  to 
call  a  Convention  to  revise,  amend  or  change  this  Constitu¬ 
tion,  they  shall  recommend  to  the  electors  to  vote,  at  the  next 
election  tor  members  of  the  General  Assembly,  for  or  against 
a  Convention;  and  if  a  majority  of  all  the  electors  voting  at 
said  election,  shall  have  voted  for  a  Convention,  the  General 
Assembly  shall,  at  their  next  session,  provide  by  law  for  call¬ 
ing  the  same. 

The  Convention  shall  consist  of  as  many  members  as  both 
houses  of  the  General  Assembly,  who  shall  he  chosen  in  the 
same  manner,  and  shall  meet  within  three  months  after  their 
election,  for  the  purpose  aforesaid. 

Sec.  3.  At  the  general  election  to  be  held  in  the  year  one 
thousand  eight  hundred  and  eighty-two,  and  in  each  twentieth 
year  thereafter,  the  question  ‘‘shall  there  be  a  Convention  to 
revise,  alter  or  amend  the  Constitution  ?”  shall  be  submitted 
to  the  electors  of  the  State  ;  and  in  case  a  majority  of  all  the 
electors  voting  at  such  election,  shall  decide  in  favor  of  a  Con¬ 
vention,  the  General  Assembly,  at  its  next  session,  shall  pro¬ 
vide  by  law,  for  the  election  of  delegates,  and  the  Assem¬ 
bling  of  such  Convention,  as  is  provided  in  the  preceding  sec¬ 
tion  ;  but  no  amendment  of  this  Constitution,  agreed  upon  by 
any  Convention,  assembled  in  pursuance  of  this  Article,  shall 
take  effect,  until  the  same  shall  have  been  submitted  to  the 


120 


electors  of  the  State,  and  adopted  by  a  majority  of  those  vo¬ 
ting  thereon. 

Respectfully  submitted, 

R.  W.  Todd, 

W.  H.  Mace, 

T.  S.  Noble, 
Andrew  Annan, 

Geo.  M.  Me  Comas, 
Alward  Johnson, 
John  Lee. 

Which  was  read  the  first  time. 

Mr.  Abbott,  from  the  Committee  on  the  Basis  of  Represen¬ 
tation,  submitted  the  following 

REPORT: 

The  Committee  on  the  “Basis  of  Representation  in  the  two 
Houses  of  the  General  Assembly,  and  a  proper  apportionment 
of  representation  in  the  same/  ’  beg  leave  respectfully  to  re¬ 
port  the  following  sections,  to  be  inserted  in  Article  three  of 
the  Constitution,  entitled,  “Legislative  Department :” 

Section  1.  Immediately  after  the  adoption  of  this  Constitu¬ 
tion,  and  before  there  shall  have  been  held  any  general  elec¬ 
tion  under  it,  the  Mayor  and  City  Council  of  the  city  of  Bal¬ 
timore  shall  proceed  to  lay  off  and  divide  the  said  city  into 
three  several  districts,  of  equal  population  and  contiguous 
territory,  as  near  as  may  be. 

Sec.  2.  Every  county  in  the  State,  and  each  district  of  the 
city  of  Baltimore,  as  hereinbefore  provided  for,  shall  he  enti¬ 
tled  to  one  Senator,  who  shall  be  elected  by  the  qualified 
voters  of  the  counties  and  city  of  Baltimore  respectively,  and 
who  shall  serve  for  — - -  years  from  the  date  of  their  elec¬ 

tion. 

Sec.  3.  The  white  population  of  the  State  shall  constitute 
the  basis  of  representation  in  the  House  of  Delegates,  and  the 
apportionment  of  the  Delegates  among  the  several  counties 
and  districts  of  the  city  of  Baltimore  shall  be  as  follows:  For 
every  five  thousand  persons,  or  a  fractional  part  thereof  above 
one-half,  one  Delegate  shall  be  chosen  until  the  number  of 
Delegates  in  each  county  and  district  of  the  city  of  Baltimore 
shall  reach  five.  Above  that  number,  one  Delegate  shall  be 
chosen  for  every  fifteen  thousand  persons,  or  a  fractional  por¬ 
tion  over  one-half  thereof,  until  the  whole  number  of  Dele¬ 
gates  from  each  county  and  district  of  the  city  of  Baltimore 
shall  reach  ten.  Above  that  number,  each  county  and  dis- 


121 


trict  of  the  said  city  shall  elect  one  Delegate  for  every  forty- 
five  thousand  persons,  or  fractional  portion  thereof  above  one- 
half.  Upon  this  principle,  and  until  the  next  Federal  census, 
or  State  enumeration  of  inhabitants,  the  House  of  Delegates 
shall  consist  of  eighty-two  members,  distributed  as  follows: 

Allegany,  five  members;  Anne  Arundel,  two;  each  of  the 
three  districts  in  Baltimore  city,  seven;  Baltimore  county, 
six;  Calvert,  one;  Caroline,  two;  Carroll,  five;  Cecil,  four; 
Charles,  one;  Dorchester,  two;  Frederick,  six;  Harford,  four; 
Howard,  two;  Kent,  one;  Montgomery,  two;  Prince  George's, 
two;  Queen  Ann’s,  two;  Saint  Mary’s,  one;  Somerset,  three; 
Talbot,  two;  Washington,  five;  Worcester,  three. 

E.  A.  Abbott, 

Saml.  T.  Hatch, 
Peter  Begley, 

Jos.  B.  Pugii, 

J.  D.  Carter, 

A.  C.  Greene. 

Which  was  read  the  first  time. 

Also  submitted  the  following 

REPORT : 

The  Committee  on  the  Basis  of  Bepresentation,  &c.,  &c. , 
to  which  was  referred  the  proposition  of  Mr.  Clarke,  of  Prince 
George’s,  on  the  9th  instant,  respecting  the  passage,  by  the 
Legislature,  of  a  Kegistry  Law  for  the  whole  State,  respect¬ 
fully  report  favorably  upon  that  proposition,  and  ask  the  Con¬ 
vention  to  refer  the  same  to  an  appropriate  committee,  with 
instructions  to  report  a  suitable  provision  to  be  incorporated 
into  the  body  of  the  Constitution. 

E.  A.  Abbott, 

Saml.  T.  Hatch, 

Peter  Begley, 

Jos.  B.  Pugh, 

J.  D.  Carter, 

A.  C.  Greene, 

Sam’l  H.  Berry, 

R.  H.  Edelen, 
Washington  A.  Smith. 

Which  was  read. 

Mr.  Berry,  of  Prince  George’s,  from  a  minority  of  the  Com¬ 
mittee  on  the  Basis  of  Representation,  submitted  the  following 
report  : 

16 


122 


MINORITY  REPORT. 

The  undersigned  a  minority  of  the  Committee  on  the  Basis 
of  Representation  in  the  two  Houses  of  the  General  Assembly 
and  a  proper  apportionment  of  representation  in  the  same, 
beg  leave  respectfully  to  report  the  following  sections  to  be 
inserted  in  Article  3,  of  the  Constitution  entitled,  Legislative 
Department : 

Section  1.  Every  county  of  the  State  and  the  City  of  Balti¬ 
more,  shall  be  entitled  to  elect  one  Senator,  who  shall  be 
elected  by  the  qualified  voters  of  the  counties  and  the  City  of 
Baltimore  respectively,  and  who  shall  serve  for  four  years 
from  the  day  of  their  election. 

Sec.  2.  The  Legislature  at  its  first  session  after  the  returns 
of  each  National  Census  are  published  under  the  authority  of 
Congress,  shall  apportion  the  members  of  the  House  of  Dele¬ 
gates  among  the  several  counties  of  the  State  according  to  the 
population  of  each,  and  shall  always  allow  to  the  City  of  Bal¬ 
timore  four  more  delegates  than  are  allowed  to  the  most  popu¬ 
lous  county;  but  no  county  shall  be  entitled  to  less  than  two 
members,  nor  shall  the  whole  number  of  delegates  ever  ex¬ 
ceed - . 

Sec.  3.  The  Mayor  and  City  Council  of  Baltimore  shall  be¬ 
fore  the  next  general  election  of  Delegates  after  the  adoption 
of  this  Constitution,  proceed  to  lay  off  and  divide  the  said  city 
into  twelve  electoral  districts  of  equal  proportions  as  to  popu¬ 
lation  and  of  countiguous  territory  as  near  as  may  be,  and 
shall  after  the  returns  of  each  National  Census  are  hereafter 
published  under  the  authority  of  Congress,  and  after  the  ap¬ 
portionment  by  the  Legislature,  lay  off  and  divide  the  City  of 
Baltimore  into  as  many  electoral  districts  as  the  said  city  may 
by  said  apportionment  be  entitled  to  delegates :  and  each 
district  shall  be  entitled  to  elect  one  delegate. 

Sec.  4.  The  apportionment  of  the  delegates  among  the  sev¬ 
eral  counties  and  the  several  electoral  districts  of  the  City  of 
Baltimore,  shall  be  as  follows  until  after  the  returns  of  the 
next  National  Census  are  published  under  the  authority  of 
Congress,  and  the  apportionment  by  the  Legislature  as  afore¬ 
said,  viz  :  each  district  of  the  City  of  Baltimore  shall  be  enti¬ 
tled  to  one  delegate  for  every  seventeen  thousand  inhabitants, 
or  fractional  part  thereof  over  and  above  one-half,  and  the  sev¬ 
eral  counties  of  the  State  shall  be  entitled  to  one  delegate  for 
every  seven  thousand  inhabitants,  or  fractional  part  thereof 
over  and  above  one-half,  and  upon  this  principle  and  giving 
to  each  county  not  less  than  two  delegates  ;  Allegany  county 
shall  be  entitled  to  four  delegates,  Anne  Arundel  three,  each 


123 


of  the  electoral  districts  of  the  City  of’  Baltimore  one,  Balti¬ 
more  county  eight,  Calvert  county  two,  Caroline  two,  Carroll 
four,  Cecil  three,  Charles  two,  Dorchester  three,  Frederick 
seven,  Harford  three,  Howard  two,  Kent  two,  Montgomery 
three,  Prince  George’s  three,  Queen  Ann’s  two,  St.  Mary’s 
two,  Somerset  four,  Talbot  two,  Washington  four,  and  Wor¬ 
cester  three. 

Saml.  H.  Berry, 

R.  H.  Edelen, 
Washington  A.  Smith. 

Which  was  read. 

The  Order  of  the  Day,  being  the  report  of  the  majority  of 
the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

Mr.  Stirling  moved  to  reconsider  the  vote  by  which  the 
amendment  offered  by  himself  on  yesterday  was  adopted, 

Decided  in  the  affirmative. 

Mr.  Stirling  asked  leave  to  withdraw  the  said  amendment 
submitted  by  him  and  adopted  yesterday, 

Which  was  agreed  to. 

Mr.  Galloway  submitted  the  following  amendment,  to  the 
amendment  of  Mr.  Scott : 

Strike  out  all  after  the  word  “that”  in  the  first  line,  and 
insert  the  following:  “the  levying  of  taxes  by  the  poll  is 
grievous  and  oppressive,  and  ought  to  be  prohibited ;  that  pau¬ 
pers  ought  not  to  be  assessed  for  the  support  of  the  Govern¬ 
ment,  but  every  other  person  in  the  State,  or  person  holding 
property  therein,  ought  to  contribute  his  proportion  of  public 
taxes  for  the  support  of  the  Government,  according  to  his  ac¬ 
tual  worth  in  real  or  personal  property;  yet  fines,  duties  or 
taxes  may  properly  and  justly  be  imposed  or  laid  with  a  poli¬ 
tical  view,  for  the  good  government  and  benefit  of  the  com- 
munty.” 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 

Mr.  Galloway  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


124 


Messrs.  Abbott, 

Affirmative. 

Galloway, 

Negley, 

Annan, 

Harwood , 

Nyman, 

Parran, 

Audoun, 

Hoffman, 

Baker, 

Hopkins, 

Purnell, 

Barron, 

Billingsley, 

Keefer, 

Russel], 

Kennard, 

Sands, 

Blackiston, 

King, 

Schley, 

Brooks, 

Chambers, 

Larsh, 

Smith,  of  Carroll, 

Marbury, 

Stirling, 

Cunningham, 

Markey, 

Sykes, 

Davis,  of  Wash., 

McComas, 

Thomas, 

Dellinger, 

Mitchell, 

Todd, 

Ecker, 

Morgan, 

Murray, 

Yalliant, 

Edelen, 

Wooden — 43. 

Farrow, 

Messrs. 

Negative. 

Duvall, 

Miller, 

Goldsborough,  Pt. 

Earle, 

Mullikin, 

Belt, 

Greene, 

Noble, 

Berry  of  Balt.  co. , 

Hebb, 

Parker, 

Berry,  of  P.  G., 

Henkle, 

Pugh, 

Bond, 

Hodson, 

Robinette, 

Briscoe, 

Hopper, 

Horsey, 

Scott, 

Brown, 

Smith,  of  Dor., 

Carter, 

Johnson, 

Snearv, 

Clarke, 

Jones,  of  Cecil, 

Thruston, 

Wickard, 

Crawford, 

Jones,  of  Som., 

Daniel, 

L  an  s  dale, 

Wilmer — 37. 

Davis,  of  Charles, 

Lee, 

So  the  question  upon  its  adoption  was  decided  in  the  af¬ 
firmative. 


Mr.  Duvall  moved  that  the  House  do  now  adjourn; 

Decided  in  the  negative. 

Mr.  Hehb  submitted  the  following  amendment  to  the 
amendment  last  adopted: 

After  the  word  poll  in  the  first  line  insert  the  words,  “as  a 
qualification  for  the  exercise  of  the  right  of  suffrage/ * 

Decided  in  the  negative. 

The  question  then  recurring  upon  the  adoption  of  the 
amendment  submitted  by  Mr.  Scott,  as  amended  by  Mr. 
Galloway. 

It  was  decided  in  the  negative. 


125 


On  motion  of  Mr.  Berry,  of  Baltimore  county, 

The  vote  last  taken  was  reconsidered. 

The  question  again  recurring  upon  the  adoption  of  the 
amendment  of  Mr.  Scott,  as  amended  by  Mr.  Galloway. 

Mr.  Sands  demanded  the  yeas  and  nays: 

The  demand  being  sustained,  the  yeas  and  nays  were  called 
and  appeared  as  follows: 


Messrs.  Abbott, 
Annan, 

Audoun, 

Baker, 

Barron, 

Berry,  of  Balt.  co. 
Berry,  of  P.  Geo. 
Billingsley, 
Blackiston, 
Briscoe, 

Brooks, 

Brown, 

Chambers, 

Crawford, 

Cunningham, 

Dellinger, 

Duvall, 


Messrs. 

Goldsborough,  Pt. 
Belt, 

Bond, 

Carter, 

Clarke, 

Daniel, 

Davis,  of  Charles, 
Davis,  of  Wash., 
Earle, 


Affirmative. 

Ecker, 

Edelin, 

Farrow, 

Galloway, 

Harwood, 

Hoffman, 

Hopkins, 

Horsey, 

Keefer, 

Kennard, 

King, 

Larsh, 

Marbury, 

Markey, 

McComas, 

Mitchell, 

Morgan, 

Negative. 

Greene, 

Hebb, 

Henkle, 

Hodson, 

Hopper, 

Johnson, 

Jones,  of  Cecil, 
Jones,  of  Som., 
Lansdale, 

Lee, 


Murray, 

Negley, 

Nyman, 

Parran, 

Purnell, 

Russell, 

Sands, 

Schley, 

Smith,  of  Carroll, 
Stirling, 

Sykes, 

Thomas, 

Thruston, 

Todd, 

Wilmer, 

Wooden — 50. 


Miller, 

Mullikin, 

Parker, 

Pug]}, 

Robinette, 

Scott, 

Smith,  of  Dor., 
Sneary, 
Yalliant, 
Wickard — 29. 


So  the  question  on  its  adoption  was  decided  in  the  affirma¬ 
tive. 

Mr.  Barron  moved  that  the  Convention  adjourn  until 
Tuesday  next  at  11  o’clock. 

Mr.  Daniel  moved  to  adjourn  until  Monday  next,  at  11 
o’clock. 


126 


The  question  being  on  the  adoption  of  the  motion  of  Mr. 
Barron, 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  motion  of  Mr.  Daniel, 

It  was  decided  in  the  affirmative. 

The  Convention  then  adjourned. 


MONDAY,  May  30th,  1864. 

The  Convention  met. 

Prayer  by  the  Rev.  Mr.  McNemar. 

Present  at  the  call  of  the  roll  the  following  members: 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Barron, 
Billingsley,  Bond,  Brown,  Carter,  Chambers,  Crawford, 
Cushing,  Dail,  Davis,  of  Charles,  Davis,  of  Washington, 
Dellinger,  Earle,  Ecker,  Edelen,  Farrow,  Galloway,  Har¬ 
wood,  Hatch,  Hebb,  Hollyday,  Hopkins,  Johnson,  Jones,  of 
Somerset,  King,  Lee,  Mace,  McComas,  Mitchell,  Miller, 
Mullikin,  Murray,  Noble,  Nyman,  Parker,  Purnell,  Robi¬ 
nette,  Sands,  Scott,  Smith,  of  Dorchester,  Sneary,  Stirling, 
Stockbridge,  Todd,  Turner,  Valliant,  Wickard — 50. 

The  proceedings  of  Friday  were  read. 

On  motion  of  Mr.  Purnell, 

It  was  ordered  to  be  entered  on  the  Journal  that  Thomas 
B.  Smith,  of  Worcester,  is  absent  from  his  seat  in  the  Con¬ 
vention  in  consequence  of  the  serious  illness  of  a  member  of 
his  family. 

Mr.  Mullikin  submitted  the  following  order: 

Ordered,  That  the  Committee  on  the  Elective  Franchise, 
be  requested  to  inquire  into  the  expediency  of  inserting  the 
following  Article  in  substance,  into  the  Constitution: 

That  any  person  who  has  voluntarily  left  this  State,  and 
have  gone  into  any  one  of  the  States  now  in  rebellion  against 


121 


the  Government  of  the  United  States,  shall  not  be  permitted 
to  vote  at  any  election  or  hold  any  office  or  place  of  emolu¬ 
ment  or  trust  within  the  gift  of  the  people  of  Maryland,  for 
the  space  of  three  score  years  and  ten. 

And  any  one  who  now  resides  in  this  State,  and  is  or  has 
been  aiding  in  the  present  rebellion  against  the  Government 
of  the  United  States,  by  word  or  act,  shall  not  be  permitted  to 
vote  at  any  election  or  hold  any  office  of  emolument  or  trust, 
within  the  gift  of  the  people  of  Maryland,  for  the  space  of 
five  years,  after  tins  rebellion  shall  have  been  crushed  out. 

Which  was  adopted. 

Mr.  King  submitted  the  following  order  : 

Ordered,  That  the  Comptroller  of  the  Treasury  be  reques¬ 
ted  to  report  to  this  Convention  a  statement  of  all  the  expen- 
ces  of  the  State  Library  other  than  Books  and  Stationery, 
from  first  January  1863,  to  31st  May  1864,  inclusive. 

Which  was  rejected. 

Mr.  Galloway,  from  the  Committee  on  Accounts,  submit¬ 
ted  the  following 

REPORT : 

To  the  Honorable  the  President  of  the  Convention. 

The  Committee  on  Accounts  in  obedience  to  the  orders  of 
this  Convention,  respectfully  report,  that  they  have  examin¬ 
ed  the  claims  of  Thomas  J.  Corkran,  William  R.  Hammond 
and  Henry  tritch,  and  after  a  careful  examination  of  said 
accounts,  the  Committee  feel  obliged  to  report,  that  in  the 
judgment  of  this  Committee  the  above  named  parties  are  not 
entitled  to  compensation.  The  Committee  therefore  have  re¬ 
jected  said  claim. 

Respectfully  submitted, 

Wm.  Galloway,  Chr. 

H.  Baker, 

Thomas  Russell, 

E.  S.  Parker, 

W.  S.  Wooden. 

Which  was  concurred  in. 

The  Order  of  the  Day,  being  the  report  of  a  majority  of  the 
Committee  on  the  Bill  of  Rights. 

Was  taken  up. 

Mr.  Stockbridge  submitted  the  following  amendment: 


128 


Art.  15. — Strike  out  all  after  State  in  line  2,  and  acid: 

“And  excessive  bail  ought  not  to  be  required,  nor  excessive 
fines  imposed,  and  no  cruel,  unusual  or  excessive  pains,  pen¬ 
alties  or  punishments,  in  any  case  inflicted.” 

The  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Miller  submitted  the  following  amendment: 

Article  18,  first  line,  before  the  word  “man”  insert  the 
word  “free,” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Miller  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs.  Billingsley, 

Davis,  of  Charles, 

Lee, 

Bond, 

Edelen, 

Mitchell, 

Brown, 

Chambers, 

Harwood, 

Miller, 

Hollyday, 

Parran, 

Clarke, 

Johnson, 

Smith,  of  Dor. 

Crawford, 

Jones,  of  Som., 

Turner — 20. 

Bail, 

King, 

Negative. 

Messrs. 

Farrow, 

Purnlll, 

G-oldsborough,  P’t 

Galloway, 

Robinette, 

Abbott, 

Hatch , 

Sands, 

Annan, 

Hebb, 

Schlosser, 

Baker, 

Hopkins, 

Scott, 

Barron, 

Keefer, 

Sneary, 

Carter,  # 

Cunningham, 

Mace, 

McComas, 

Stirling, 

Stockbridge, 

Sykes, 

Cushing, 

Mullikin, 

Davis,  of  Wash., 

Murray, 

Todd, 

Dellinger, 

Noble,- 

Valliant, 

Earle, 

Nyman, 

Parker, 

Wickarcl— 37.. 

Ecker, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Clarke,  submitted  the  following  amendment : 

Article  18,  amend  by  adding  the  following:  “and  no  free 
man  shall  be  held  to  answer  for  any  charge  or  crime  before  a 


✓ 


129 


court  martial  or  military  tribunal  except  in  cases  arising  in 
the  land  or  naval  forces  of  the  United  States,  or  in  the  militia 


when  in  actual  service,  in  time  of  war 

or  public  danger,” 

The  question  being 

on  the  adoption 

of  the  amendment, 

Mr.  Clarke  demanded  the  yeas  and 

nays. 

The  demand  being 

sustained, 

The  yeas  and  nays 

were  called  and 

Affirmative. 

appeared  as  follows  : 

Messrs.  Billingsley, 

Dail, 

Jones,  ofSom., 

Bond, 

Davis,  of  Charles,  Lee, 

Brown, 

Chambers, 

Edelen, 

Mitchell, 

Harwood, 

Miller, 

Clarke, 

Hollyday, 

Smith  of  D. — 17. 

Crawford, 

Johnson, 

Negative. 

Messrs. 

Galloway, 

Purnell, 

Goldsborough,  P’t 

Hatch, 

Robinette, 

Abbott, 

Hebb, 

Sands, 

Annan, 

Hopkins, 

Schlosser, 

Baker, 

Keefer, 

Scott, 

Barron, 

King, 

Sneary, 

Carter, 

Mace, 

Stirling, 

Cunningham, 

McComas, 

Stockbridge, 

Cushing, 

Mullikin, 

Sykes, 

Davis,  of  Wash., 

Murray, 

Todd, 

Earle, 

Noble, 

Valliant, 

Ecker, 

Nyman, 

Wickard — 37. 

Farrow, 

Parker, 

So  the  question  upon  its  adoption  was  decided  in  the  nega- 

tive. 

Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment: 

Article  22,  first  line,  after  the  word  “no”  insert  the  word 
“free.” 

Decided  in  the  negative. 

* 

Mr.  Clarke  submitted  the  following  amendment: 

Article  22,  amend  by  adding — “provided  that  nothing  in 
this  Article  shall  be  so  construed  as  to  prevent  the  Legisla¬ 
ture  from  passing  all  such  laws  for  the#government,  regula¬ 
tion  and  disposition  of  the  free  colored  population  of  this 
State  as  they  may  deem  necessary.” 

17 


130 


The  question  being  upon  the  adoption  of  the  amendment, 
Mr.  Clarke  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


Messrs.  Billingsley, 

Davis,  of  Charles, 

Mace, 

Bond, 

Edelen, 

Mitchell, 

Brown, 

Harwood, 

Miller, 

Chambers, 

Hollyday, 

Parran, 

Smith,  of  Dor. 

Clarke, 

Johnson, 

Crawford, 

Jones,  of  Som. 

Turner — 20. 

Dail, 

Lee, 

Negative. 

Messrs. 

Farrow, 

Purnell, 

Goldsborough,  P’t 

Galloway, 

Robinette, 

Abbott, 

Hatch, 

Sands, 

Annan, 

Baker, 

Hebb, 

Schlosser, 

Hopkins, 

Scott, 

Barron, 

Keefer, 

Sneary, 

Carter, 

King, 

Stirling, 

Cunningham, 

McComas, 

Stockbridge, 

Cushing, 

Mullikin, 

Sykes, 

Davis,  of  Wash., 
Dellinger, 

Murray, 

Todd, 

Noble, 

Yalliant, 

Earle, 

Nyman, 

Wickard — 37. 

Ecker, 

Parker. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Chambers  submitted  the  following  amendment : 

Article  22,  first  line,  strike  out  the  word  “man”  and 
insert  the  word  “citizen.” 

The  question  being  upon  the  adoption  of  the  amendment, 
Mr.  Billingsley  demanded  the  yeas  and  nays; 

The  demand  being  sustained. 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 

Messrs.  Billingsley^  Davis,  of  Charles,  Lee, 

Bond,  Edelen,  Mitchell, 

Brown,  Harwood,  Miller, 

Chambers,  Hollyday,  Parran, 


131 


Clarke, 

Horsey, 

Smith,  of  Dor 

Crawford, 

Dail, 

Johnson, 

Jones,  of  Som. 

Negative. 

Turner— 20. 

Messrs. 

Farrow, 

Parker, 

Groldsborough,  P’t 

Galloway, 

Purnell, 

Abbott, 

Hatch , 

Eobinette, 

Annan, 

Hebb, 

Sands, 

Baker, 

Hopkins, 

Schlosser, 

Barron, 

Carter, 

Keefer, 

Scott, 

King, 

Sneary, 

Cunningham, 

Mace, 

Stirling, 

Cushing, 

McComas, 

Stockbridge, 

Davis,  of  Wash., 

Mullikin, 

Sykes, 

Dellinger, 

Murray, 

Todd, 

Earle,  * 

Noble, 

Valliant, 

Ecker, 

Nyman, 

Wickard — 38. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

On  motion  of  Mr.  Stirling, 

The  23d  Article  was  informally  passed  over. 

Mr.  Stirling  submitted  the  following  amendment: 

Article  26,  strike  out  all  after  the  word  “that,”  in  the  first 
line,  and  insert:  “No  conviction  shall  work  corruption  of 
blood,  nor  shall  there  be  any  forfeiture  of  the  estate  of  any 
person  for  any  crime  except  treason,  and  then  only  on  con¬ 
viction.” 

Mr.  Clarke  submitted  the  following  amendment  to  the 
amendment : 

Add  the  words  “which  forfeiture  of  estate  shall  only  con¬ 
tinue  during  the  life  of  the  person  convicted.” 

The  Convention  adjourned. 


132 


TUESDAY,  May  31st,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Patterson. 

Present  at  the  call  of  the  roll  the  following  members: 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Baker, 
Belt,  Berry,  of  Baltimore  county,  Billingsley,  Blackiston, 
Bond,  Briscoe,  Carter,  Chambers,  Clarke,  Crawford,  Cunning¬ 
ham,  Cushing,  Daniel,  Davis,  of  Charles,  Davis,  of  Washing¬ 
ton,  Dellinger,  Dennis,  Duvall,  Earle,  Ecker,  Edelen,  Far¬ 
row,  Galloway,  Greene,  Harwood,  Hebb,  Henkle,  Holly  day, 
Hopkins,  Horsey,  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset, 
Keefer,  Kennard,  King,  Larsh,  Lee,  Marbury,  Markey,  Mc- 
Comas,  Mitchell,  Morgan,  Mullikiu,  Murray,  Negley,  Noble, 
Hyman,  Parker,  Parran,  Pugh,  Purnell,  Ridgely,  Robinette, 
Russell,  Sands,  Schlosser,  Scott,  Smith,  of  Dorchester,  Sneary, 
Stirling,  Stockbridge,  Swope,  Sykes,  Thomas,  Thruston, 
Todd,  Turner,  Valliant,  Wickard,  Wilmer,  Wooden — 74. 

The  proceedings  of  yesterday  were  read. 

Mr.  Scott  submitted  the  following  order  : 

Ordered,  That  hereafter  the  Convention  hold  afternoon 
sessions  daily,  commencing  at  half  past  three  P.  M. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Barron  moved  to  lay  it  on  the  table,  and  demanded  the 
yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


Affirmative. 


Messrs.  Barron, 
Belt, 

Berry,  of  Balt.  co. 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Chambers, 

Clarke, 

Crawford, 
Cunninghan, 
Davis,  of  Charles, 


Duvall, 

Earle, 

Edelen, 

Harwood, 

Henkle, 

Hollyday, 

Horsey, 

Johnson, 

Jones,  of  Som. 
King, 

Larsh, 

Lee, 


Smith,  of  Dor., 


Markey, 

Mitchell, 

Morgan, 

Nyman, 

Parran, 

Ridgely, 

Schlosser, 


Snearv, 

Thomas, 

Turner, 

Valliant 


133 


Davis,  of  Wash., 

Mace, 

Wickard, 

Dennis, 

Marbury, 

Negative. 

Wilrner — 42 

Messrs. 

Hebb, 

Purnell, 

Goldsborough,  Pt. 

Hopkins, 

Robinette, 

Abbott, 

Jones,  of  Cecil, 

Russell, 

Annan, 

Keefer, 

Sands, 

Baker, 

Kennard, 

Scott, 

Carter, 

Me  Comas, 

Stirling, 

Cushing, 

Mullikin, 

Stock  bridge, 

Dellinger, 

Murray, 

Swope, 

Ecker, 

Negley, 

Sykes, 

Farrow, 

Galloway, 

Noble, 

Thruston, 

Parker, 

Todd, 

Greene, 

Pugh, 

Wooden — 3c 

So  the  question  upon  its  adoption  was  decided  in  the  affirma¬ 
tive,  and  the  order  laid  upon  the  table. 

On  motion  of  Mr.  Ridgely,  it  was  ordered  to  he  entered 
upon  the  Journal,  that  the  continued  absence  of  Mr.  Berry, 
of  Baltimore  county,  has  been  occasioned  by  his  necessary 
presence  at  Baltimore  as  Adjutant  General  of  the  State,  in 
the  business  of  organizing  the  troops,  now  being  enlisted 
under  the  late  proclamation  of  the  Governor. 

Mr.  Greene  submitted  the  following  order  : 

Ordered.  That  the  Committee  on  the  “Legislative  Depart¬ 
ment”  be  instructed  to  inquire  into  the  expediency  of  incor¬ 
porating  into  the  Constitution,  a  provision  enabling  the 
Legislature  to  accept  the  accession  to  this  State  of  any  terri¬ 
tory  contiguous  thereto,  of  the  States  of  West  Virginia, 
Virginia,  and  the  District  of  Columbia,  with  the  consent  of 
the  Legislatures  of  the  said  States,  and  of  the  Congress  of 
the  United  States; 

Which  was  adopted. 

Mr.  Sykes  submitted  the  following  order: 

Ordered,  That  the  Convention  hold  two  sessions  each  day, 
the  morning  session  to  meet  at  eleven  o’clock,  and  adjourn 
at  two  P.  M.,  the  afternoon  session  to  meet  at  four  o’clock 
and  adjourn  at  seven  P.  M. 

Which  was  rejected. 

On  motion  of  Mr.  Duvall, 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr.  Peter, 


134 


of  Montgomery,  is  detained  from  his  seat  in  the  Convention 
by  indisposition. 

Mr.  Clarke  submitted  the  following  resolution: 

Resolved,  That  a  select  Committee  to  consist  of  nine  mem¬ 
bers,  of  which  Committee  the  President  of  the  Convention 
shall  he  Chairman,  be  appointed  by  the  Chair,  whose  duty  it 
shall  be  to  confer  with  the  President  of  the  United  States, 
our  Senators  and  Representatives  in  Congress,  and  the  ap¬ 
propriate  Committees  of  Congress,  to  ascertain  and  report  to 
this  Convention,  what  appropriation  if  any,  will  be  made  by 
Congress,  in  pursuance  of  the  recommendations  contained  in 
the  messages  of  the  President  of  the  United  States,  of  De¬ 
cember  1862,  and  December  1863,  and  the  joint  Resolutions 
of  Congress  No.  26,  approved  April  10th,  1862,  to  aid  the 
State  of  Maryland  in  the  adoption  of  a  system  of  Emancipa¬ 
tion,  and  uto  be  and  by  said  State  in  its  discretion  to  com¬ 
pensate  for  the  inconveniences,  public  and  private,  produced 
by  such  change  of  system/’ 

Which  was  read  the  first  time. 

Mr.  Goldsborougli,  (Mr.  Purnell  in  the  Chair,)  submitted 
the  following  orders  which  were  adopted: 

COURT  OF  APPEALS. 

Ordered,  That  the  Committee  on  the  Judiciary,  be  instruc¬ 
ted  to  inquire  into  the  expediency  of  reporting  for  the  action 
of  this  Convention  an  elective  system  for  the  Judges  of  the 
Court  of  Appeals,  based  on  the  following  suggestions  : 

1st.  That  the  said  Court  consist  of  five  Judges,  two  of  whom 
shall  he  chosen  from  the  Eastern  Shore,  and  three  from  the 
Western  Shore  counties  of  the  State. 

2d.  That  one  of  said  Judges  be  selected  from  the  Eastern 
Shore,  and  one  from  the  Western  Shore  counties  of  the  State, 
who  shall  be  elected  by  a  majority  of  the  legal  votes  cast  in 
the  whole  State. 

3d.,  That  the  other  three  Judges  of  said  Court,  be  chosen, 
one  from  each  of  the  present  Gubernatorial  Districts  of  the 
State,  who  shall  be  elected  by  the  legal  voters  of  said  respec¬ 
tive  districts,  from  other  counties  in  said  district  than  those 
from  which  the  two  Judges  elected  by  the  people  of  the  whole 
State  may  have  been  selected. 

4th.  That  each  of  said  Judges  be  elected  for  the  period  of 
twenty  years,  be  required  to  reside  at  least  eight  months  of 
the  year  at  the  seat  of  Government,  be  not  less  than  thirty 


135 


years  of  age  at  the  time  of  his  election  and  disqualified  after 
lie  shall  have  attained  the  age  of  seventy  years. 

5th.  That  the  salary  of  each  of  said  Judges  shall  not  be 
less  than  the  sum  of  three  thousand  five  hundred  dollars. 

6th.  In  the  event  of  their  death,  disqualification,  or  removal 
from  office,  or  from  the  State,  the  remainder  of  their  term  so 
vacated,  shall  be  filled  by  an  appointment  by  a  joint  vote  of 
the  General  Assembly  of  Maryland,  if  in  session,  and  in  case 
of  their  failure  so  to  do,  or  their  not  being  in  session,  the  ap¬ 
pointment  shall  then  devolve  upon  the  Executive,  who  shall 
fill  the  same  for  the  unexpired  period  of  their  election,  sub¬ 
ject  to  a  ratification  by  the  Senate. 

CIRCUIT  COURTS. 

Ordered,  That  the  Committee  on  the  Judiciary  be  instruc¬ 
ted  to  inquire  into  the  expediency  of  creating  certain  Judicial 
Districts  within  which  Circuit  Courts  and  Courts  of  Equity, 
Probate  and  Administration  shall  be  held,  the  respective  sys¬ 
tems  to  be  defined  by  the  following  principles  : 

1st.  That  the  Circuit  Court  shall  embrace  the  same  civil 
and  criminal  business  over  which  the  present  Circuit  Courts 
have  jurisdiction. 

2d.  That  the  Courts  of  Equity,  Probate  and  Administra¬ 
tion  shall  include  within  the  sphere  of  their  duties,  all  the 
Equity  business  now  transacted  in  the  Circuit  Courts,  connec¬ 
ted  with  the  sale,  division  or  other  disposition  of  real  estate, 
injunctions,  petitions  and  commissions.  The  Judges  of  each 
of  said  Courts  shall  also  act  in  all  such  matters  as  are  now 
within  the  province  of  the  Orphans’  Courts  of  the  State  where 
parties  litigant  may  desire  a  determination  and  decision  by 
him  as  sole  presiding  Judge  in  all  which  cases  the  Register 
shall  keep  a  docket,  and  the  decision  of  said  Judge  shall  be 
made  in  writing,  and  filed  among  the  records  of  said  Court, 
from  which  an  appeal  may  be  taken  within  sixty  days,  to  the 
Court  of  Appeals. 

3d.  That  there  shall  be  one  Judge  of  the  Circuit  Court  and 
one  Judge  of  the  Court  of  Equity,  Probate  and  Administra¬ 
tion,  elected  in  each  Judicial  District  as  hereinafter  designated, 
and  that  each  of  said  Judges,  shall  be  men  of  integrity,  learn¬ 
ed  in  the  law,  and  not  less  than  thirty  years  of  age  at  the 
time  of  their  election. 

4th.  That  each  of  said  Judicial  Districts  shall  be  composed 
of  three  counties  except  the  4fh,  5th  and  6th  Districts,  which 
shall  be  composed  of  two  counties  and  there  shall  be  two 
Judges  for  each  of  said  Judicial  Districts  to  be  selected  from 


< 


136 


different  counties  in  said  District,  the  one  to  be  styled  the 
Circuit  Judge,  the  other  the  Judge  of  Equity,  Probate  and 
Administration,  the  latter  of  whom  shall  also  he  the  sole 
Judge  in  all  contested  matters  of  Probate  and  Administration 
and  other  business  now  usually  transacted  by  the  Orphans’ 
Court  of  this  State,  when  ever  desired  by  any  of  the  parties 
litigant,  or  parties  interested  in  any  issue  or  issues  then  pend¬ 
ing  before  said  Court.  In  cases  of  any  temporary  disqualifi¬ 
cation  by  sickness  or  otherwise,  each  of  said  Judges  shall  per¬ 
form  the  duties  of  the  other  so  disqualified. 

5th.  That  with  the  said  Presiding  Judge  of  Equity,  Pro¬ 
bate  and  Administration,  there  shall  be  associated  two  men 
of  sound  judgment  and  integrity,  not  less  than  thirty  years 
of  age  nor  over  seventy  years  of  age,  from  each  of  the  coun¬ 
ties  composing  the  respective  Judicial  Districts,  who  shall  be 
elected  every  ten  years  by  the  voters  of  each  county,  who  shall 
act  as  an  Orphans’  Court  in  all  matcers  within  the  sphere  of 
the  duties  of  the  Orphans’  Court,  as  now  defined  by  law,  who 
shall  be  styled  Judges  of  Probate  and  Administration,  and 
whose  jurisdiction  shall  not  extend  to  an}^  other  matters  over 
which  the  Presiding  Judge  of  Equity,  Probate  and  Adminis¬ 
tration  may  have  jurisdiction,  as  defined  under  the  present 
system. 

6th.  That  the  Judges  of  the  Circuit  Courts  and  Courts  of 
Equity,  Probate  and  Administration,  shall  be  elected  for  the 
period  of  twenty  years,  be  ineligible  after  their  said  term  of 
service  for  the  same  positions,  and  incapable  of  acting  after 
they  have  arrived  at  the  age  of  seventy  years. 

In  case  of  death,  disqualification  or  removal  from  the  State, 
or  from  their  office,  the  remainder  of  their  term  so  vacated 
shall  be  filled  by  an  appointment  by  a  joint  vote  of  the  Gen¬ 
eral  Assembly  of  Maryland,  if  in  session,  or  by  the  Executive 
(if  the  Legislature  be  not  in  session,  or  should  fail  to  elect,) 
subject  to  a  ratification  by  the  Senate. 

7th.  That  with  a  view  to  a  fair  division  of  the  counties  of 
the  State  into  Judicial  Districts,  the  following  enumeration 
is  suggested: 

First  Judicial  District — Worcester,  Somerset  and  Dorches¬ 
ter  counties. 

Second  Judicial  District — Talbot,  Caroline  and  Queen 
Anne  counties. 

Third  Judicial  District — Kent,  Cecil  and  Harford  counties. 

Fourth  Judicial  District — Baltimore  and  Carroll  counties. 


137 


Fifth  Judicial  District — Frederick  and  Montgomery  coun¬ 
ties. 

Sixth  Judicial  District — Washington  and  Allegany  coun¬ 
ties. 

Seventh  Judicial  District — Howard,  Anne  Arundel  and 
Prince  George’s  county. 

Eighth  Judicial  District — Charles,  Calvert  and  St.  Mary’s 
counties. 

Ninth  and  Tenth  Judicial  Districts — That  the  city  of  Bal¬ 
timore  shall  be  divided  into  two  Judicial  Districts,  in  which 
the  following  courts  shall  be  created: 

The  First  District  shall  embrace  the  first  ten  wards — the 
1st,  2d,  3d,  4th,  5th,  6th,  7th,  8th,  9th  and  10th. 

The  Second  District  shall  embrace  the  remaining  ten 
wards — the  11th,  12th,  13th,  14th,  15th,  16th,  17th,  18th, 
19th  and  20th. 

Each  of  said  districts  shall  contain  one  Circuit  Court,  the 
Judge  of  which  shall  be  elected  for  twenty  years  by  the 
qualified  voters  of  the  wards  composing  each  of  said  dis¬ 
tricts.  Each  of  them  shall  also  contain  a  Court  of  Equity, 
Probate  and  Administration,  in  which  there  shall  be  a  Chief 
Presiding  Judge,  learned  in  the  law,  who  shall  be  elected  for 
twenty  years,  with  two  associates,  to  be  styled  Judges  of 
Probate  and  Administration,  who  shall  be  men  of  sound 
judgment  and  integrity,  over  thirty  years  of  age,  and  elected 
every  ten  years  by  the  qualified  voters  of  their  respective 
wards  of  each  of  said  Judicial  Districts. 

There  shall  also  be  a  Superior  Court,  whose  jurisdiction 
shall  embrace  the  whole  city,  and  all  civil  cases  wherein  the 
matter  in  controversy  shall  exceed  the  sum  of  fifteen  hundred 
dollars,  and  where  the  damages  claimed  shall  exceed  the  like 
sum  of  fifteen  hundred  dollars,  whose  Judge  shall  be  elected 
for  twenty  years. 

There  shall  also  be  a  Criminal  Court,  whose  jurisdiction 
shall  extend  over  the  whole  city,  and  whose  Judge  shall  be 
elected  for  twenty  years. 

The  said  Judges  of  the  Circuit  Courts,  Courts  of  Equity, 
Probate  and  Administration,  Superior  Court  and  Criminal 
Court,  shall  be  ineligible  for  the  same  positions,  be  over 
thirty  years  of  age,  and  their  seats  declared  vacant  upon 
their  arrival  at  seventy  years  of  age. 

In  case  of  death,  disqualification  or  removal,  the  remain- 
18 


138 


der  of  their  term  shall  be  filled  by  a  joint  vote  of  the  General 
Assembl)r,  if  in  session;  and  in  case  of  failure  so  to  do,  by 
the  Executive  of  the  State,  subject  to  the  ratification  of  the 
Senate. 

8th.  That  the  salaries  of  each  of  said  Judges  of  the  Circuit 
Courts,  Courts  of  Probate,  Equity  and  Administration,  for 
the  several  counties,  and  also  of  the  several  Courts  of  the  city 
of  Baltimore,  shall  not  be  less  than  three  thousand  dollars; 
and  the  Judges  of  Probate  and  Administration  in  the  several 
counties  of  the  State  and  of  the  two  districts  in  the  city  of 

Baltimore  shall  be  allowed - dollars  per  day  for  each 

day  they  may  be  in  attendance. 

The  Order  of  the  Pay,  being  the  Report  of  the  majority  of 
the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  of 
Mr.  Clarke  to  the  amendment  submitted  by  Mr.  Stirling  to 
the  26th  Article  of  the  Report. 

Mr.  Barron  called  the  previous  question; 

On  the  question  being  put, 


“Shall  the  main  question  be  now  put?” 


It  was  decided  in 
lows: 

the  affirmative, 

Affirmative. 

yeas  and  nays 

Messrs. 

Plebb, 

Robinette, 

G-oldsboroughfPt. 

Hopkins, 

Russell, 

Abbott, 

Jones,  of  Cecil, 

Sands, 

Annan, 

Baker, 

Keefer, 

Schlosser, 

Kennard, 

Sneary, 

Barron, 

Larsh, 

Stirling, 

Carter, 

Mace, 

Stockbridge 

Cunningham, 

Markey, 

Swope, 

Sykes, 

Cushing, 

McComas, 

Davis,  of  Wash., 

Mullikin, 

Thomas, 

Thruston, 

Dellinger, 

Murray, 

Ecker, 

Negley, 

Todd, 

Farrow, 

Noble, 

Wickard, 

Galloway, 

Nyman, 

Wooden — 4! 

Greene, 

Ridgely, 

Negative. 

Messrs. 

Dennis, 

Duvall, 

Mitchell, 

Berry,  of  Balt,  co., 

Miller, 

Berry,  of  P.  Geo., 

Earle, 

Morgan, 

139 


Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Chambers, 

Clarke, 

Crawford, 

Dail, 

Daniel, 


Edelen, 

Harwood, 

Henkle, 

Holly  day, 

Horsey, 

Johnson, 

Jones,  of  Som. 

K  i  n  <r 

Lee, 


Parker, 

Parran, 

Pugh, 

Purnell, 

Scott, 

Smith,  of  Dor. 
Turner, 
Valliant, 
Wilmer — 34. 


Davis,  of  Charles,  Marbury, 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  to  the  amendment, 

Mr.  Clarke  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


essrs.  Belt, 

Dennis, 

Duvall, 

Lee,  • 

Berry,  of  P.  Geo., 

Marbury, 

Billingsley, 

Edelen, 

Mitchell, 

Blackiston, 

Harwood, 

Miller, 

Bond, 

Henkle, 

Morgan, 

Briscoe, 

ILollyday, 

Parran, 

Chambers, 

Horsey, 

Smith,  of  Dor., 

Clarke, 

Johnson, 

Jones,  of  Som., 

Negative. 

Turner, 

Crawford, 

Davis,  of  Charles, 

Wilmer — 28. 

essrs. 

I-Iebb, 

Ridgely, 

Goldsborough ,  P’t 

Hopkins, 

Robinette, 

Abbott, 

Jones,  of  Cecil, 

Russell, 

Annan, 

Keefer, 

Sands, 

Baker, 

Kennard, 

Schlosser, 

Barron, 

King, 

Scott, 

Berry,  of  Balt.  co. 

Larsh, 

Sneary, 

Carter, 

Mace, 

Stirling, 

Cunningham, 

Markey, 

Stockbridge, 

Cushing, 

McComas, 

Swope, 

Sykes, 

Daniel, 

Mullikin, 

Davis,  of  Wash., 

Murray, 

Thomas, 

Dellinger,  * 

Negley, 

Thruston, 

Earle, 

Nyman, 

Todd, 

Ecker, 

Noble, 

Valliant, 

Farrow, 

Parker, 

Wickard, 

Galloway, 

Pugh, 

Wooden — 52. 

Greene, 

Purnell, 

140 


So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

The  question  then  recurring  upon  the  adoption  of  the 
amendment  submitted  by  Mr.  Stirling, 

Mr.  Barron  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


Messrs. 

Hebb, 

Robinette, 

Goldsborough,  P’t 

Hopkins, 

Jones,  of  Cecil, 

Russell, 

Abbott, 

Sands, 

Annan, 

Keefer, 

Schlosser, 

Baker, 

Kennard, 

Scott, 

Barron, 

Km  o* 

Sneary, 

Carter, 

Larsh, 

Stirling, 

Cunningham, 

Markey, 

Stockbridge, 

Cushing; 

McComas, 

Swope, 

Daniel, 

Mullikin, 

Sykes, 

Davis,  of  Wash. 

Murray, 

Thomas, 

Dellinger, 

Negley, 

Thruston, 

Earle, 

Noble. 

Todd, 

Ecker, 

Nyman, 

Yalliant, 

Ear  row, 

Galloway, 

Parker, 

Wickard, 

Pugh, 

Wooden — 49. 

Greene, 

Purnell, 

Messrs.  Belt, 

Negative. 

Dennis, 

Mace, 

Marbury, 

Beny,  of  Balt.  co. 

Duvall, 

Berry,  of  P.  Geo., 

Edelen, 

Mitchell, 

Billingsley, 

Harwood, 

Miller, 

Blackiston, 

Henkle, 

Morgan, 

Bond, 

Hollyday, 

Parran, 

Briscoe, 

Chambers, 

Horsey, 

Ridgely, 

Johnson, 

Smith,  of  Dor. 

Clarke, 

Jones,  of  Som. 

Turner, 

Crawford, 

Lee, 

Wilmer— 31. 

Davis,  of  Charles, 
So  the  question 

upon  its  adoption 

was  decided  in 

affirmative. 

• 

The  question  finally  being  on  the  adoption  of  the  original 
Article  (Article  26)  as  amended; 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 


141 


The  yeas  and  nays  were  called  and  appeared  as  follows: 


Messrs. 

Affirmative. 

Hebb, 

Ridgely, 

Goldsborough,  P’t 

Hopkins, 

Jones,  of  Cecil, 
Keefer, 

Kobinette, 

Abbott, 

Russell, 

Annan, 

Sands, 

Schlosser, 

Baker, 

Kennard, 

Barron, 

King, 

Scott, 

Berry,  of  Balt.  co. 

Larsh, 

Sneary,' 

Carter, 

Markey, 

Stirling, 

Cunningham, 

McComas, 

Stockbridge, 

Cushing, 

Mullikin, 

Swope, 

Daniel, 

Murray, 

Sykes, 

Thomas, 

Davis,  of  Wash. 

Negley, 

Dellinger, 

Noble, 

Thruston, 

Earle, 

Nyman, 

Todd, 

Ecker, 

Parker, 

Yalliant, 

Farrow, 

Pugh, 

Wickard, 

Galloway, 

Purnell, 

Wooden — 51. 

Greene, 

Messrs.  Belt, 

Negative. 

Dennis, 

Mace, 

Berry,  of  P.  Geo. 

Duvall, 

Marbury, 

Billingsley, 

Edelen, 

Mitchell, 

Blackiston, 

Harwood, 

Miller, 

Bond, 

Henkle, 

Morgan, 

Briscoe, 

Hoi  1yd  ay, 

Parran, 

Chambers, 

Johnson, 

Smith,  of  Dor. 

Clarke, 

Crawford, 

Jones,  of  Som. 

Turner, 

Lee, 

Wi  liner — 28. 

Davis,  of  Charles, 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 


The  Convention  adjourned. 


142 


WEDNESDAY,  June  1st,  1864. 


The  Convention  met. 

Prayer  by  the  Rev.  Mr.  Owen. 

Present  at  the  call  of  the  roll,  the  following  members  : 

Messrs.  Gioldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Barron,  Belt,  Berry,  of  Baltimore  county,  Berry,  of 
Prince  George’s,  Billingsley,  Blackiston,  Bond,  Briscoe, 
Brown,  Carter,  Chambers,  Clarke,  Crawford,  Cunningham, 
Cushing,  Dail,  Daniel,  Davis,  of  Charles,  Davis,  of  Wash¬ 
ington,  Dellinger,  Dennis,  Duvall,  Earle,  Ecker,  Edelen, 
Farrow,  Gale,  Galloway,  Greene,  Harwood,  Hatch,  Hebb, 
Henkle,  Hodson,  Hoffman,  Hollyday,  Hopkins,  Hopper, 
Horsey,  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer, 
Kennard,  King,  Lansdale,  Larsh,  Lee,  Marbury,  Markey, 
Mayhugh,  McComas,  Mitchell,  Miller,  Morgan,  Mullikin, 
Murray,  Negley,  Noble,  Nyman,  Parker,  Parran,  Peter, 
Pugh,  Purnell,  Ridgely,  Robinette,  Russell,  Sands,  Schley, 
Schlosser,  Scott,  Smith,  of  Carroll,  Smith,  of  Dorcester, 
Smith,  of  Worcester,  Sneary,  Stirling,  Stockbridge,  Swope, 
Sykes,  Thomas,  Thruston,  Todd,  Turner,  Yalliant,  Wickerd, 
Wilmer,  Wooden — 91. 

The  proceedings  of  yesterday  were  read. 

Mr.  Hebb  submitted  the  following  order: 

Ordered,  That  the  Convention  hereafter  meet  at  ten  o’clock, 
A.  M.,  daily,  until  otherwise  ordered. 

The  question  being  on  the  adoption  of  the  order. 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 

Berry,  of  Balt.  co. 
Blackiston, 


Greene, 

Hatch, 

Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Jones,  of  Cecil 

Keefer, 

Kennard, 


Pugh, 

Purnell, 

Robinette, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll 


143 


Brown, 

Larsli, 

Smith,  of  Wor. 

Cunningham, 

McComas, 

Sneary, 

Cushing, 

Mullikin, 

Stirling, 

Davis,  of  Wash., 

Murray, 

Negley, 

Swope, 

Dellinger, 

Sykes, 

Todd, 

Earle, 

Noble, 

Ecker, 

Nyman, 

Wickard, 

Farrow, 

Galloway, 

Parker, 

Negative. 

Wooden — 50. 

Messrs.  Belt, 

Duvall, 

Marbury, 

Berry,  of  P.  Geo., 

Edelen, 

Markey, 

Billingsley, 

Gale, 

Mitchell, 

Bond, 

Harwood, 

Miller, 

Briscoe, 

Henkle, 

Morgan, 

Carter, 

Hodson, 

Parra  n, 

Chambers, 

Hollyday, 

Ridgely, 

Clarke, 

Horsey, 

Smith,  of  Dor., 

Crawford, 

Johnson, 

Stockbridge, 

Dail, 

Jones,  ofSom., 

Thomas, 

Daniel, 

King, 

Thruston, 

Davis,  of  Charles, 

Lansdale, 

Turner, 

Yalliant — 39. 

Dennis, 

Lee, 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 

Mr.  Clarke  submitted  the  following  order: 

Ordered,  That  the  Treasurer  be  and  he  is  hereby  requested 
to  furnish  this  Convention,  at  his  earliest  convenience,  a 
statement  showing  the  balance  in  the  Treasury  on  the  1st  of 
December,  1862,  the  balance  in  the  Treasury  on  the  1st  of 
December,  1863,  and  the  balance  in  the  Treasury  on  the  1st 
day  of  June,  1864. 

2d.  The  amount  of  funded  debt  still  unredeemed,  the  dates 
when  they  severally  fall  due,  and  the  amounts  due  at  the 
several  dates. 

3d.  The  amount  standing  due  to  the  credit'ffi  the  sinking 
fund  on  the  1st  of  June,  1864,  with  a  specification  of  the 
manner  in  which  the  sinking  fund  is  invested,  and  a  refer¬ 
ence  to  the  laws  authorizing  the  several  investments. 

4th.  The  amount  of  the  sinking  fund  cancelled  under  the 
act  of  1864,  chapter - ,  with  a  specification  of  the  evi¬ 

dences  of  indebtedness  cancelled. 

5th.  The  amount  of  funded  debt  still  unredeemed  on  the 
1st  day  of  January,  1862. 


144 


6 tli.  The  amount  of  funded  debt  unredeemed  on  the  1st 
day  of  June,  1864. 

7th.  The  amount  of  appropriations  made  by  the  last  Le¬ 
gislature,  with  a  specification  of  the  amounts  and  objects  of 
each  appropriation. 

8th.  The  amount  of  money  paid  out  of  the  Treasury  un¬ 
der  the  acts  of  1864,  chapter  15,  and  1864,  chapter  373. 

9th.  The  amount  of  loans,  under  the  acts  of  1864,  chapter 
15,  and  1864,  chapter  373,  which  the  Treasurer  has  adver¬ 
tised  to  he  taken. 

10th.  The  interest  which  the  State  has  in  the  various 
works  of  internal  improvements,  railroads  and  canal  com¬ 
panies,  hanks,  &c.,  and  the  annual  receipts  derived  from 
each  to  the  State. 

Which  was  adopted. 

Mr.  Thruston  submitted  the  following  order: 

Ordered,  That  the  Committees  on  the  Judiciary  and  the 
Legislative  Department  have  leave  to  sit  during  the  sessions 
of  the  Convention  until  11  o’clock  A.  M.,  daily. 

Which  was  rejected. 

The  Order  of  the  Day  being  the  report  of  the  majority 
of  the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

On  motion  of  Mr.  Stirling, 

The  Convention  took  up  for  consideration  the  fourth  Article 
of  the  Report,  which  had  been  passed  over  informally, 

Mr.  Clarke  submitted  the  following  amendment : 

Amend  by  striking  out  all  after  the  word  “that”  in  the 
1st  line,  and  inserting: — 

“The  Constitution  of  the  United  States  and  the  laws  made 
in  pursuance  thereof  being  the  supreme  law  of  the  land, 
every  citizen  of  this  State  owes  allegiance  to  the  Constitution 
and  Government  of  the  United  States  within  the  limits  of  the 
powers  conferred  by  that  Constitution,  and  is  not  bound  by 
any  law  or  ordinance  of  this  State  in  contravention  or  sub¬ 
versive  thereof,  and  the  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited  by  it  to  the  States 
being  reserved  to  the  States  respectively,  or  to  the  people, 
every  citizen  of  this  State  owes  allegiance  to  the  State  of 
Maryland  so  far  as  the  sovereignty  of  the  State  has  not  been 


145 


affected  by  the  Constitution  of  the  United  States  and  the  laws 
made  in  pursuance  thereof,  and  is  not  bound  to  yield  obedi¬ 
ence  to  laws  made  in  direct  violation  of  the  Constitution  of 
the  United  States  and  in  the  exercise  of  usurped  powers.” 

Mr.  Sands  submitted  the  following  amendment  to  the 
amendment : 

After  the  word  “thereof,”  in  the  13th  line,  insert — 

“Provided,  that  nothing  in  this  Article  contained  shall  be 
construed  as  giving  to  the  State  a  right  to  secede  from  the 
Federal  Union,  or  to  form  a  confederation  with  any  other 
State  or  States  of  the  Union,  or  to  seize  by  force  of  arms  or 
otherwise  any  property  of  the  United  States  situate  and  being 
within  the  limits  of  this  State,  but  that  these  acts  are  hereby 
expressly  forbidden.” 

Pending  the  consideration  of  which, 

The  Convention  adjourned. 


THURSDAY,  June  2d,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Davenport. 

Present  at  the  call  of  the  roll  the  following  members: 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Barron,  Belt,  Berry,  of  Baltimore  co.,  Berry,  of  Prince 
George’s,  Blackiston,  Bond,  Briscoe,  Carter,  Chambers,  Clarke, 
Crawford,  Cunningham,  Cushing,  Daniel,  Davis,'  of  Charles, 
Davis  of  Washington,  Dennis,  Duvall,  Earle,  Ecker,  Ede- 
len,  Farrow,  Gale,  Galloway,  Harwood,  Hatch,  Hebb,  Hen- 
kle,  Hodson,  Hoffman,  Hollyday,  Hopkins,  Hopper,  Horsey, 
Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Kennard,  King, 
Lansdale,  Larsh,  Lee,  Marbury,  Markey,  Mitchell,  Miller, 
Morgan,  Mullikin,  Murray,  Negley,  Hyman,  Parker,  Parran, 
Pugh,  Robinette,  Russell,  Sands,  Schley,  Schlosser,  Scott, 
Smith,  of  Carroll,  Smith,  of  Worcester,  Sneary,  Stirling,  Stock- 
bridge,  Swope,  Sykes,  Thomas,  Thruston,  Todd,  Turner,  Val- 
liant,  Wickard,  Wilmer,  Wooden — 78. 

19 


The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Billingsley, 

It  was  ordered  to  be  entered  on  the  Journal  that  the  con¬ 
tinued  absence  of  John  F.  Dent,  member  elect  from  St. 
Mary’s  county,  has  been  caused  by  the  illness  of  his  family 
and  other  domestic  causes. 


Mr.  Scott  submitted  the  following  order : 

Ordered,  That  the  members  of  the  Convention  be  limited 
to  speeches  of  one  hour  in  duration. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


Messrs.  Abbott, 
Annan, 

Audoun, 

Baker, 

Barron, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Earle, 

Ecker, 

Galloway, 

Hatch, 

Hebb, 

Hotfman, 


Affirmative. 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 
Keefer, 
Kennard, 
Larsh, 

Markey, 

Mullikin, 

Murray, 

Negley, 

Nyman, 

Pugh, 

Bobinette, 

Russell, 

Sands, 

Negative. 


Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Thruston, 

Todd, 

Yalliant, 

Wickard, 

Wooden — 46. 


King, 

Lansdale, 

Lee, 

Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parker, 

Parran, 

Smith,  of  Wor. , 


Messrs. 

Goldsborough,P’t 

Belt, 

Berry,  of  Balt.  co. 
Berry,  of  P.  G. 
Billingsley, 
Blackiston, 

Bond, 

Briscoe, 

Brown, 


Davis,  of  Charles 
Dennis, 

Duvall, 

Edelen, 

Farrow, 

Gale, 

Harwood, 

Henkle, 

Hodson, 

Holly  day, 


147 


Chambers,  Horsey,  Turner, 

Clarke,  Jones,  of  Som.  Wilmer — 3G. 

Crawford, 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 

Mr.  Valliant  submitted  the  following  order: 

Ordered,  That  when  this  Convention  adjourn  on  Saturday 
next,  it  stand  adjourned  to  meet  on  Thursday  next,  10th,  at 
11  o’clock,  at  the  New  Assembly  Rooms,  in  the  city  of  Bal¬ 
timore,  and  that  a  committee  of  five  be  appointed  by  the 
Chair  to  carrv  this  order  into  effect. 

Which  the  Chair  ruled  out  of  order,  the  same  proposition 
having  been  once  before  decided  by  the  Convention  in  the 
negative. 

Mr.  Valliant  appealed  from  the  decision  of  the  Chair,  but 
subsequently  withdrew  his  appeal. 

Mr.  Schley  asked  permission  to  absent  himself  from  the 
sessions  of  the  Convention  for  a  few  days,  having  been  sum¬ 
moned  by  the  military  authorities  to  attend  a  tribunal  else¬ 
where  ; 

Which  was  granted. 

The  Resolutions  submitted  by  Mr.  Clarke  on  Tuesday  last, 
appointing  a  Committee  to  wait  upon  the  President  of  the 
United  States,  &c.,  in  reference  to  compensation  for  the 
emancipation  of  slaves, 

Was  taken  up. 

Mr.  Negley  submitted  the  following  amendment: 

Strike  out  all  after  the  word  Congress,  in  the  fifth  line, 
and  insert,  “and  call  the  attention  of  the  President  to  the 
fact,  that  this  Convention  intends  to  insert  a  clause  in  its 
Constitution,  abolishing  slavery  immediately  and  uncondi¬ 
tionally,  and  to  suggest  to  him  the  propriety  of  bringing  the 
question  of  remunerating  loyal  slaveholders  in  this  State  be¬ 
fore  Congress,  in  accordance  with  the  recommendations  con¬ 
tained  in  his  Annual  Messages  of  December  1862  and  1863, 
and  the  Joint  Resolutions  of  Congress,  No.  26,  approved  April 
the  10th,  1862,  to  aid  the  State  of  Maryland  in  the  adoption 
of  a  system  of  emancipation. 

Mr.  Daniel  moved  to  lay  the  whole  subject  on  the  table. 

The  question  being  upon  the  adoption  of  the  order, 


148 


Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative  . 


Messrs. 

Goldsborough,  P’t. 
Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 

Berry,  of  Balt.  co. 
Carter, 
Cunningham, 
Cushing, 

Daniel, 

Davis,  of  Wash., 
Earle, 

Ecker, 

Farrow 

Galloway, 

Hatch, 


Messrs.  Belt, 

Berry,  of  P.  Geo., 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 

Crawford, 


Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

•Jones,  of  Cecil, 
Keefer, 

Kennard, 

King, 

Larsh, 

Markey, 

Mullikin, 

Murray, 

Negley, 

Nyman, 

Parker, 

Pugh, 

Robinette, 

Russell, 

Negative. 

Davis,  of  Charles 
Dennis, 

Duvall, 

Edelen, 

Gale, 

Harwood, 

Henkle, 

Hodson, 

Holly  day, 

Horsey, 


Sands, 

Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor. , 
Sneary, 

Stirling, 

Stockb  ridge, 
Swope, 

Sykes, 

Thomas, 

Thruston, 

Todd, 

Yalliant, 

Wickard, 

Wooden — 52. 


Jones  of  Somerset, 
Lansdale, 

Lee, 

Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Turner, 

Wilmer — 30. 


So  the  question  upon  its  adoption  was  decided  in  the  affirma¬ 
tive,  and  the  resolution  laid  on  the  table. 

Mr.  Berry,  of  Baltimore  county,  gave  notice  that  when  the 
subject  last  voted  upon,  and  laid  on  the  table,  was  again 
brought  up  for  the  consideration  of  the  Convention,  he  would 
submit  the  following  amendment: 

Amend  by  striking  out  all  after  the  word  “Committee,”  in 
the  first  line  of  resolution  offered  by  Mr.  Clarke,  page  129  of 
the  Journal,  and  insert  the  following  so  as  to  read  as  follows: 


149 


Resolved,  That  a  Special  Committee,  to  consist  of  seven 
members  be  appointed  by  the  President  of  the  Convention,  of 
which  the  President  shall  act  as  Chairman,  whose  duty  it 
shall  be  to  confer  with  the  President  of  the  United  States,  our 
Senators  and  Representatives  in  Congress,  and  the  appropriate 
Committees  of  Congress,  to  ascertain  what  appropriation,  if 
any,  will  be  made  by  the  Federal  Government  in  compliance 
with  the  recommendations  contained  in  the  messages  of  the 
President  of  the  United  States  of  March  6tli,  1862,  and 
December  1st,  1862,  and  tbe  joint  resolution  of  Congress, 
approved  April  10th,  1862,  in  the  following  words,  to  wit: 

“That  tbe  United  States  ought  to  co-operate  with  any 
State  which  may  adopt  gradual  abolishment  of  slavery,  giv¬ 
ing  to  such  State  pecuniary  aid,  to  be  used  by  the  State  in  its 
discretion,  to  compensate  for  inconveniences,  public  and  pri¬ 
vate,  produced  by  such  a  change  of  system.” 

Mr.  Yalliant  again  submitted  the  order  for  adjournment  to 
Baltimore,  and  renewed  his  appeal  from  the  decision  of  the 
Chair. 

The  Chair  decided  the  appeal  could  not  now  be  taken  upon 
the  same  subject,  a  different  subject  having  intervened  between 
the  motions  for  appeal. 

The  Order  of  the  Day,  being  the  report  of  the  majority  of 
the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

Mr.  Miller  moved  a  call  of  the  Plouse, 

The  call  being  sustained, 

The  roll  was  called  and  the  following  members  responded  : 

Messrs.  Goldsborough,  President,  Abbott,  Annon,  Audoun, 
Baker,  Barron,  Berry,  of  Baltimore  county,  Berry,  of  Prince 
George’s,  Billingsley,  Blackiston,  Bond,  Briscoe,  Brown, 
Carter,  Chambers,  Crawford,  Cunningham,  Cushing,  Daniel, 
Davis,  of  Charles,  Davis,  of  Washington,  Dennis,  Duvall, 
Earle,  Edelen,  Farrow,  Gale,  Gallpway,  Harwood,  Hatch, 
Hebb,  Henkle,  Hodson,  Hoffman,  Hollyday,  Hopkins,  Hop¬ 
per,  Horsey,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Ken- 
nard,  King,  Lansdale,  Lee,  Marbury,  Markey,  Mitchell,  Mil¬ 
ler,  Morgan,  Mullikin,  Murray,  Negley,  Nyman,  Parker, 
Parran,  Pugh,  Robinette,  Russell,  Sands,  Schley,  Schlosser, 
Scott,  Smith,  of  Carroll,  Smith,  of  Worcester,  Sneary,  Stirling, 
Stockbridge,  Swope,  Sykes,  Thomas,  Todd,  Yalliant,  Wick- 
ard,  Wilmer,  Wooden — 76. 


150 


On  motion  of  Mr.  Hebb, 

All  further  proceedings  under  the  call  were  dispensed  with. 

The  question  being  on  the  adoption  of  the  amendment  of 
Mr.  Sands  to  the  amendment  submitted  by  Mr.  Clarke  to  the 
fourth  Article  of  the  report, 

Mr.  Sands  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as.  follows: 


Messrs. 

Goldsborough,  P’t 
Annan, 

Audoun, 

Baker, 

Barron, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Earle, 

Ecker, 

Galloway, 

Hatch, 


Affirmative. 

Hebb, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

Markey, 

Mullikin, 

Murray, 

Negley, 

Nyman, 

Pugh, 

Robinette, 

Russell, 

Sands, 

Negative. 


Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Valliant, 

Wickard, 

Wooden — 45. 


Jones,  of  Som. 
King, 
Lansdale, 
Larsh, 

Lee, 

Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parker, 

Wilmer — 33. 


Messrs.  Abbott, 
Belt, 

Berry,  of  Balt.  co. 
Berry,  of  P.  Geo. 
Billingsley, 
Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 


Crawford, 

Davis,  of  Charles, 
Dennis, 

Duvall, 

Gale, 

Harwood, 

Henkle, 

Hod  son, 

Hoffman, 

Holly  day, 

Plorsey, 


It  was  decided  in  the  negative. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  question  recurring  upon  the  amendment  as  amended, 


151 


Mr.  Briscoe  submitted  the  following  amendment : 

Article  4,  strike  out  in  the  third  line,  the  word  “para¬ 
mount.” 

Pending  the  consideration  of  which, 

The  Convention  adjourned. 


FKIDAY,  June  3d,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

Present  at  the  call  of  the  roll  the  following  members: 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Barron,  Berry,  of  Price  George’s,  Billingsley,  Black- 
iston,  Bond,  Briscoe,  Brown,  Carter,  Chambers,  Clarke, 
Crawford,  Cunningham,  Cushing,  Dail,  Daniel,  Davis,  of 
Charles,  Davis,  of  Washington,  Dellinger,  Dennis,  Duvall, 
Earle,  Ecker,  Edelen,  Farrow,  Gale,  Galloway,  Green,  Har¬ 
wood,  Hatch,  Hebb,  Hodson,  Hoffman,  Hopkins,  Hopper, 
Horsey,  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer, 
Kennard,  King,  Lansdale,  Larsh,  Lee,  Marbury,  Markey, 
Mitchell,  Miller,  Morgan,  Mullikin,  Murray,  Negley,  Noble, 
Nyman,  Parker,  Parran,  Peter,  Pugh,  Ridgely,  Robinette, 
Russell,  Sands,  Schlosser,  Scott,  Smith,  of  Carroll,  Smith,  of 
Dorchester,  Smith,  of  Worcester,  Sneary,  Stirling,  Stock- 
bridge,  Swope,  Sykes,  Thomas,  Todd,  Turner,  Valliant, 
Wickard,  Wilmer,  Wooden — 84. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Ridgely  submitted  the  following  order; 

Ordered,  That  the  President  of  the  Convention  be  and  he 
is  hereby  requested,  if  consistent  with  the  terms  of  the  pre¬ 
sent  contract  with  the  Printer  of  the  Debates  of  the  Conven¬ 
tion,  to  take  such  steps  as  may  be  requisite  to  enforce  the  de¬ 
livery  of  the  printed  copies  thereof  to  the  members  within 
three  days  after  the  copy  is  supplied  by  the  Stenographer, 
and  if  such  end  cannot  be  attained  consistently  with  the  ex- 


152 


isting  contract,  that  he  be  and  is  hereby  authorized  to  effect 
such  a  modification  of  the  contract  as  will  reach  this  ob¬ 
ject ; 

Which  was  adopted. 

Mr.  Hoffman  submitted  the  following  order: 

Ordered,  That  if  this  Convention  is  resolved  to  adjourn  for 
some  days,  that  we  adjourn  this  afternoon. 

Mr.  Eidgely,  submitted  the  following  amendment: 

Strike  out  all  after  the  word  “that/*  in  the  first  line,  and 
insert:  “when  this  Convention  adjourns  to-day,  it  stands 
adjourned  until  Monday,  June  13,  at  11  o’clock. 

Mr.  Todd  submitted  the  following  amendment  to  the 
amendment: 

Strike  out  the  words  “Monday,  June  13,”  and  insert  the 
words  “Thursday  next.” 

The  question  being  upon  the  adoption  of  the  amendment 
submitted  by  Mr.  Eidgely, 

Mr.  Daniel  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Affirmative. 


Messrs.  Abbott, 

Davis,  of  Charles, 

Lansdale, 

Audoun, 

Dennis, 

Larsh, 

Barron, 

Duvall, 

Lee, 

Belt, 

Edelen, 

Mar  bury, 

Berry,  of  Balt.  co. 

Gale, 

Mitchell, 

Berry,  of  P.  Geo. , 

Harwood, 

Miller, 

Billingsley, 

Hatch, 

Morgan, 

Blackiston, 

Henkle, 

Par  ran, 

Briscoe, 

Plodson, 

Peter, 

Chambers, 

Horsey, 

Ridgely,  _ 

Clarke, 

J  ohnson. 

Smith,  of  Tor., 

Crawford, 

Jones,  of  Som., 

Turner — 38. 

Dail, 

King, 

Negative. 

Messrs. 

Hebb, 

Sands, 

GoldsboroughjP’t 

Hoffman, 

Schlosser, 

Annan, 

Hopkins, 

Scott, 

Baker, 

Hopper, 

Smith,  of  Carroll, 

Bond, 

J  ones,  of  Cecil, 

Smith,  of  Wor. , 

153 


Brown, 

Keefer, 

Sneary, 

Carter, 

Kennard, 

Stirling, 

Cunningham, 

Markey, 

Stockbridge, 

Cushing, 

Mullikin, 

Swope, 

Daniel, 

Murray, 

Sykes , 

Davis,  of  Wash., 

Negley, 

Thomas, 

Dellinger, 

Noble, 

Todd, 

Earle, 

Nyman, 

Valliant, 

Ecker, 

Parker, 

Wickard, 

Farrow. 

Pugh, 

Robinette, 

Russell, 

Wilmer, 

Galloway, 

Greene, 

Wooden — 49. 

So  the  question  upon  its  adoption  was 

decided  in  the  nega- 

tive. 

Mr.  Stirling  submitted  the  following 

;  amendment  to  the 

amendment, 

Strike  out  the  words  “to-day,”  and  insert  the  word  “Satur- 

day.” 

The  question  being 
mitted  by  Mr.  Todd, 

on  the  adoption  of  the  amendment  sub- 

/ 

Mr.  Stirling  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 

Messrs.  Belt, 

Duvall, 

Lee, 

Berry,  of  Balt.  Co. 

Edelen, 

Marbury, 

Berry,  of  P.  G., 

Gale, 

Mitchell, 

Billingsley, 

Blackiston, 

Galloway, 

Miller, 

Harwood, 

Morgan, 

Bond, 

Hatch, 

Noble, 

Briscoe, 

Henkle, 

Peter, 

Carter, 

Hopper, 

Horsey, 

Bidgely, 

Chambers, 

Sands, 

Clarke, 

Johnson, 

Smith,  of  Dor., 

Crawford, 

Jones,  of  Somerset 

Smith,  of  Wor., 

Dail, 

King, 

Todd, 

Davis,  of  Charles, 

Lansdale, 

Turner, 

Wilmer — 42. 

Dennis, 

Larsh, 

Negative. 

Messrs. 

Farrow, 

Robinette, 

Goldsborough,  P’t 

Greene, 

Russell, 

Abbott, 

Hebb, 

Schlosser, 

20 


Annon, 

154 

Hoffman, 

Scott, 

Audoun, 

Hopkins, 

Smith,  of  Carroll, 

Baker, 

Jones,  of  Cecil, 

Sneary, 

Barron, 

Keefer, 

Stirling, 

Brown, 

Kennard, 

Stockbridge, 

Cunningham, 

Markey, 

Swope, 

Sykes, 

Cushing, 

Mullikin, 

Daniel, 

Murray, 

Thomas, 

Davis,  of  Wash., 

Negley, 

Yalliant, 

Dellinger, 

Nyman, 

Wickard, 

Earle, 

Parker, 

Wooden — 43. 

Ecker, 

Pugh, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

The  question  recurring  upon  the  amendment  to  the  amend¬ 
ment  submitted  by  Mr.  Stirling, 

On  motion  of  Mr.  Hebb, 

It  was  laid  on  the  table. 

Mr.  Scott  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  Accounts  he  requested  to 
consider  and  report  to  this  Convention  what  compensation 
should  be  allowed  to  the  person  whose  duty  it  is,  during  the 
sessions  of  the  Convention,  to  hoist  the  United  States  Flag 
from  the  dome  of  the  State  House; 

Which  was  adopted. 

The  Order  of  the  Day,  being  the  report  of  the  majority  ot 
the  Committee  on  the  Bill  of  Eights, 

Was  taken  up. 

The  question  being  on  the  adoption  of  Mr.  Briscoe’s  amend¬ 
ment  to  the  fourth  Article  of  the  report; 

After  debate  thereon, 

The  Convention  adjourned. 


155 


SATURDAY,  June  4th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

Present  at  the  call  of  the  roll,  the  following  members  : 

Messrs.  Goldsborough,  President,  Abbott,  Annon,  Audoun, 
Baker,  Berry,  of  Prince  George’s,  Clarke,  Cunningham,  Cush¬ 
ing,  Daniel,  Davis,  of  Charles,  Davis,  of  Washington,  Del¬ 
linger,  Duvall,  Earle,  Ecker,  Farrow,  Hebb,  Hodson,  Hop¬ 
per,  Horsey,  Jones,  of  Somerset,  Keefer,  Marbury,  Markey, 
McComas,  Miller,  Morgan,  Mullikin,  Murray,  Negley,  Ny¬ 
man,  Parker,  Peter,  Pugh,  Russell,  Schlosser,  Scott,  Smith, 
of  Carroll,  Smith,  of  Worcester,  Sneary,  Stockbridge,  Swope, 
Sykes,  Thomas,  Truston,  Todd,  Valliant,  Wickard,  WTlmer, 
Wooden — 51. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Cushing  submitted  the  following  order: 

Ordered,  That  the  use  of  this  Hall,  on  Sundays,  at  the  dis¬ 
cretion  of  the  President  of  the  Convention,  be  granted  to  the 
Agent  of  the  United  States  Sanitary  Commission; 

Which  was  adopted. 

On  motion  of  Mr.  Farrow, 

It  was  ordered  to  be  entered  on  the  Journal,  that  James  D. 
Carter,  of  Caroline  county,  is  absent  from  his  seat  in  this  body 
on  account  of  sickness  in  his  family. 

On  motion  of  Mr.  Cushing, 

It  was  ordered  to  be  entered  on  the  Journal,  that  Mr.  Stir¬ 
ling,  member  from  Baltimore  city,  is  absent  from  his  seat  in 

this  Convention,  by  reason  of  family  affliction. 

» 

On  motion  of  Mr.  Thomas, 

It  was  ordered  to  be  entered  on  the  Journal,  that  William 
Brooks,  of  Baltimore  city,  is  detained  from  his  seat,  on  ac¬ 
count  of  official  business  connected  with  the  draft  in  said  city. 

Mr.  Smith,  of  Carroll,  submitted  the  following  order: 

Ordered,  That  wdien  this  Convention  adjourn  to-day,  it 
stand  adjourned  until  Thursday  next,  9th  inst. 

Mr.  Berry,  of  Prince  George’s,  submitted  the  following 
amendment : 


156 


Strike  out  the  words  “Thursday  next,  9th  inst.,”  and  in¬ 
sert  the  words  “Monday  next,  13th  inst.” 

The  question  being  upon  the  adoption  of  the  amendment 
submitted  by  Mr.  Berry,  of  Prince  George’s, 

Mr.  Daniel  demanded  the  yeas  and  nays. 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs.  Abbott, 
Berry,  of  P.  Geo., 
Clarke, 
Cunningham, 


Davis,  of  Charles, 
Duvall, 


Hodson, 

Horsey, 

Jones,  of  Som., 

Marbury,4 

Markey, 

Miller,  ' 


Morgan, 

Peter, 

Pugh, 

Smith,  of  Carroll, 
Thomas, 

Wilmer — 18. 


Negative. 


Messrs. 

Goldsborough,  P’t 
Annan, 

Audoun, 

Baker, 

Cushing, 

Daniel, 

Davis,  of  Wash. , 
Dellinger, 

Earle, 

Ecker, 

Farrow, 


Hebb, 

Hopper, 

Keefer, 

McComas, 

Mullikin, 

Murray, 

Negley, 

Nyman, 

Parker, 

Russell, 

Schlosser, 


Scott, 

Smith,  of  Wor., 
Sneary, 
Stockbridge, 
Swope, 

Sykes, 

Thrust-on, 

Todd, 

Valliant, 
Wickard, 
Wooden — 33. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


The  question  recurring  upon  the  order  submitted  by  Mr. 
Smith,  of  Carroll, 

Mr.  Daniel  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Affirmative. 


Messrs.  Audoun, 
Berry,  of  P.  Geo., 
Clarke, 

Cushing, 

Davis,  of  Charles, 


Horsey, 

Jones  of  Somerset, 
Marbury, 

Markey, 

McComas, 


Russell, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sykes, 

Thomas, 


157 


Duvall, 

Miller, 

Thruston, 

Ecker, 

Morgan, 

Murray, 

Valliant, 

Farrow 

Wilmer, 
Wooden — 27. 

Hopper, 

Peter, 

Negative. 

essrs. 

Dellinger, 

Pugh, 

Goldsborough,  P’t 

Earle, 

Sehlosser, 

Abbott, 

Hebb, 

Scott, 

Annan, 

Keefer, 

Mullikin, 

Sneary , 

Baker, 

Stockbridge, 

Cunningham, 

Negley, 

Swope, 

Daniel, 

Nyman, 

Todd, 

Davis,  of  W ash., 

Parker, 

Wickard — 23. 

So  the  question  on  its  adoption  was  decided  in  the  affirma¬ 
tive. 

Mr.  Hehb  submitted  the  following  order  : 

Ordered,  That  hereafter  no  member  of  this  Convention 
shall  receive  any  per  diem  for  such  time  as  he  may  be  absent, 
unless  such  absence  is  occasioned  by  sickness,  or  by  permis¬ 
sion  of  the  Convention. 

On  motion  of  Mr.  Thomas, 

The  consideration  of  the  order  was  postponed  until  Thurs¬ 
day  next. 

The  Order  of  the  Day,  being  the  Report  of  the  majority 
of  the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 


Pending  the  consideration  of  which, 

Mr.  Thomas  moved  that  the  Convention  do  now  adjourn. 
The  question  being  on  the  adoption  of  the  motion, 

Mr.  Pugh,  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Berry,  of  P.  Geo. 
Clarke, 
Cunningham, 
Davis,  of  Charles, 
Duvall, 


Horsey, 

Jones,  of  Som., 

Marbury, 

Markey, 

Miller;  ' 


Morgan, 
Murray, 
Peter, 
Thomas, 
Wilmer — 15. 


- 

158 

Negative. 

✓ 

Messrs. 

Farrow, 

Scott, 

Goldsborough,  P’t 

Hebb, 

Smith,  of  Wor., 

Abbott, 

Hopper, 

McComas, 

Sneary, 

Annan, 

Audoun, 

Stockbridge, 

Mullikin, 

Swope, 

Baker, 

Negley, 

Sykes, 

Cashing, 

Nyman, 

Parker, 

Thruston, 

Daniel, 

Todd, 

Davis,  of  Wash., 

Pugh, 

Valliant, 

Dellinger, 

Bussell, 

Wickard, 

Earle, 

Ecker, 

Schlosser, 

Wooden — 33. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 


Mr.  Hebb  moved  a  call  of  the  Convention; 

The  motion  being  sustained, 

The  roll  was  call,  and  the  following  members  responded: 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Berry,  of  Prince  George’s,  Clarke,  Cunningham, 
Cushing,  Daniel,  Davis,  of  Charles,  Davis,  of  Wash¬ 
ington,  Dellinger,  Duva'1,  Earle,  Ecker,  Farrow,  Hebb, 
Hopper,  Horsey,  Jones,  of  Somerset,  Keefer,  Marbury, 
Markey,  McComas,  Miller,  Morgan,  Mullikin,  Murray, 
Negley,  Nyman,  Parker,  Peter,  Pugh,  Bussell,  Schlosser, 
Scott,  Smith,  of  Carroll,  Smith,  of  Worcester,  Sneary, 
Stockbridge,  Swope,  Sykes,  Thomas,  Thruston,  Todd,  Wick- 
ard,  Wilmer,  Wooden — 50. 

On  motion  of  Mr.  Cushing, 

All  further  proceedings  under  the  call  were  dispensed 
with. 

The  consideration  of  the  Bill  of  Bights,  was  then  re¬ 
sumed. 

Mr.  Cushing  moved  to  postpone  the  consideration  of  the 
fourth  Article  of  the  report  until  Thursday  next,  and  proceed 
with  the  balance  of  the  report,  commencing  with  the  2 7th 
Article. 

Decided  in  the  affirmative. 

Mr.  Clarke  submitted  the  following  amendment : 

Article  30,  strike  out  all  after  the  word  “owner”  in  the 
second  line,  and  insert  the  words  “and  in  time  of  war  in 
such  manner  only  as  the  Legislature  shall  direct.” 


/ 


159 


The  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Article  31,  strike  out  the  word  “ought,”  in  the  third  line, 
and  insert  the  word  “shall.” 

Decided  in  the  negative. 

Mr.  Clarke  submitted  the  following  amendment: 

Article  31,  strike  out  all  after  the  word  “that,”  in  the  first 
line,  and  insert  the  words,  “no  person  shall  be  held  to  an¬ 
swer  for  any  charge  or  crime  before  a  Court  Martial  or  Mili¬ 
tary  tribunal,  except  in  cases  arising  in  the  land  and  naval 
forces  of  the  United  States,  or  in  the  Militia  of  the  State 
when  in  actual  service  in  time  of  war  or  public  danger.” 


The  question  being 

on  the  adoption 

of  the  amendment, 

Mr.  Clarke  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  a 

Affirmative. 

ppeared  as  follows: 

Messrs. 

Hodson, 

Parker, 

Berry,  of  P.  Geo., 

Horsey, 

Peter, 

Clarke, 

Jones,  of  Som., 

Stockbridge, 

Cunningham, 

Marburv, 

Thomas, 

Davis,  of  Charles, 

Miller,  * 

Wilmer — 16. 

Duvall, 

Morgan, 

Negative. 

• 

Messrs. 

Hebb, 

Scott, 

Goldsborough,-  P’t. 

Hopper, 

Smith,  of  Carroll, 

Abbott, 

Keefer, 

Smith,  of  Wor., 

Annan, 

Audoun, 

Markey, 

Snearv, 

McComas, 

Swope, 

Baker, 

Mullikin, 

Sykes, 

Thruston, 

Cushing, 

Murray, 

Daniel, 

Negley, 

Todd, 

Davis,  of  Wash., 

Nyman, 

Valliant, 

Dellinger, 

Pugh, 

Wickard, 

Earle, 

Farrow, 

Russell, 

Schlosser, 

Wooden — 34. 

So  the  question  upon  its  adoption 
negative. 

was  decided  in  the 

Mr.  Stockbridge  submitted  the  following  amendment  : 


Article  31,  line  3,  after  the  word  “case,”  insert  the  word 
“to;” 


160 


Decided  in  the  affirmative. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment: 

Article  31,  2d  line,  strike  out  the  words  “in  the  service  of 
this  State/’ 

Decided  in  the  negative. 

Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment: 

Article  32,  6th  line,  insert  after  the  word  assembly,  the 
following  words,  “after  such  notice  and  trial  by  the  General 
Assembly  as  shall  be  prescribed  by  general  law.” 

Decided  in  the  negative. 

Mr.  Abbott  submitted  the  following  amendment: 

Article  32,  line  6,  strike  out  the  words  “two- thirds,”  and 
insert  the  words  “a  majority.” 

Decided  in  the  negative. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Article  32,  strike  out  all  after  the  word  “people,”  in  the 
third  line. 

The  question  being  taken,  upon  a  division  no  quorum  voted, 
yeas  24,  nays  22. 

Mr.  Pugh 'moved  a  call  of  the  Convention; 

The  call  being  sustained, 

The  roll  was  called,  and  the  following  members  responded: 

Messrs.  Goldsborough,  President,  Abbott,  Annan,  Audoun, 
Baker,  Berry,  of  Prince  George’s,  Clarke,  Cunningham,  Cush¬ 
ing,  Daniel,  Davis,  of  Charles,  Davis,  of  Washington,  Duvall, 
Earle,  Ecker,  Farrow,  Hebb,  Hodson,  Hopper,  Horsey, 
Jones,  of  Somerset,  Keefer,  Marbury,  Markey,  McComas, 
Miller,  Morgan,  Mullikin,  Murray,  Negley,  Parker,  Pugh, 
Bussell,  Schlosser,  Scott,  Smith,  of  Carroll,  Smith,  of  Wor¬ 
cester,  Sneary,  Stockbridge,  Swope,  Sykes,  Thomas,  Thrus- 
ton,  Todd,  Valliant,  Wickard,  Wilmer,  Wooden — 48. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Jones,  of  Somerset, 

The  Convention  adjourned. 


1 61 


THURSDAY,  June  9tli,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following: 

Messrs.  Annan,  Audoun,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Briscoe, 
Carter,  Chambers,  Clarke,  Crawford,  Cunningham,  Cushing, 
Dail,  Daniel,  Davis,  of  Washington,  Dellinger,  Dennis,  Dent, 
Duvall,  Edelen,  Farrow,  Gale,  Galloway,  Henkle,  Hoffman, 
Hollyday,  Johnson,  Jones,  of  Somerset,  King,  Lee,  Mace, 
Marbury,  Markey,  Mayhugh,  Mitchell,  Morgan,  Mullikin, 
Murray,  Negley,  Noble,  Parran,  Pugh,  Purnell,  Russell, 
Sands,  Schley,  Schlosser,  Smith,  of  Dorchester,  Smith,  of 
Worcester,  Sneary,  Stirling,  Sykes,  Thruston,  Todd,  Turner, 
Yalliant,  Wilmer — 59. 

There  being  no  quorum  present, 

Mr.  Stockbridge  moved  a  call  of  the  Convention, 

The  motion  being  sustained, 

The  roll  was  called,  and  the  following  members  responded: 

Messrs.  Goldsborough,  President,  Abbott,  Baker,  Barron, 
Bond,  Brooks,  Brown,  Daniel,  Davis,  of  Charles,  Earle, 
Ecker,  Green,  Harwood,  Hatch,  Hebb,  Henkle,  Hodson, 
Hopkins,  Hopper,  Horsey,  Jones,  of  Cecil,  Keefer,  Kennard, 
Lansdale,  Larsh,  McComas,  Miller,  Nyman,  Parker,  Peter, 
Ridgely,  Robinette,  Scott,  Smith,  of  Carroll,  Smith,  of 
Dorchester,  Stockbridge,  Swope,  Thomas,  Wickard,  Woo¬ 
den — 40. 

On  motion  of  Mr.  Stockbridge, 

The  Sergeant-at-Arms  was  sent  after  the  absent  members. 

The  Sergeant-at-Arms  returned,  and  reported  that  he  had 
summoned  six  members  to  attend,  being  all  that  he  could, 
find  in  the  city. 

Further  proceedings  were  suspended  informally  until  half¬ 
past  12  o’clock,  when  the  roll  was  again  called,  and  the  fol¬ 
lowing  members  responded: 

Messrs.  Goldsborough,  President,  Abbott,  Baker,  Barron, 
Bond,  Brooks,  Brown,  Clarke,  Cushing,  Daniel,  Earle, 

21 


162 


Ecker,  Green,  Harwood,  Hatch,  Hebb,  Hopkins,  Hopper, 
Horsey,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Ken- 
nard,  Lansdale,  Larsh,  McComas,  Negley,  Nyman,  Parker, 
Peter,  Pidgely,  Robinette,  Schlosser,  Scott,  Smith,  of  Carroll, 
Smith,  of  Worcester,  Stirling,  Stockbridge,  Swope,  Thomas, 
Thruston,  Wickard,  Wooden — 43. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Thomas, 

The  Convention  adjourned. 


FRIDAY,  June  10th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Davenport. 

All  the  members  present  except  the  following  : 

Messrs.  Goldsborough,  President,  Annan,  Audoun,  Belt, 
Berry,  of  Baltimore  county,  Berry,  of  Prince  George’s,  Bil¬ 
lingsley,  Blackiston,  Briscoe,  Brooks,  Carter,  Chambers, 
Clarke,  Crawford,  Davis,  of  Charles,  Dellinger,  Dennis, 
Dent,  Edelen,  Farrow,  Gale,  Hoffman,  Hollyday,  Johnson, 
King,  Lee,  Mace,  Marbury,  Mayhugh,  McComas,  Murray, 
Parran,  Peter,  Pugh,  Purnell,  Ridgely,  Sands,  Schley, 
Smith,  of  Dorchester,  Stockbridge,  Thomas,  Thruston,  Tur¬ 
ner,  Wilmer — 44. 

The  order  submitted  by  Mr.  Hebb  on  Saturday  last,  to  wit: 
that  hereafter  no  member  of  this  Convention  shall  receive  any 
per  diem  for  such  time  as  he  may  be  absent,  unless  such  ab¬ 
sence  is  occasioned  by  sickness,  or  by  permission  of  the  Con¬ 
vention, 

Was  taken  up. 

Mr.  Miller  submitted  the  following  amendment: 

Strike  out  all  after  the  words  “per  diem,”  in  the  second 
line. 

Mr.  Wickard  moved  to  lay  the  amendment  on  the  table; 


163 


The  question  being  on  the  adoption  of  the  motion, 

Mr.  Hebb  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


Messrs.  Clarke, 
Cunningham, 
Dail, 

Davis,  of  Wash. 

Duvall, 

Galloway, 

Greene, 

Harwood, 

Hatch, 

Henkle, 

Hodson, 


Messrs.  Abbott, 
Baker, 
Barron, 

Bond, 

Cushing, 

Daniel, 

Earle? 


Hopkins, 

Hopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

Lansdale, 

Larsh, 

Mar  key, 

Mitchell, 

Morgan, 

Negative. 

Ecker, 

Hebb, 

Horsey, 

Jones,  of  Som., 
Miller, 
Mullikin, 
Parker, 


Negley, 

Noble, 

Nyman, 

Robinette, 

Schlosser, 

Stirling, 

Sykes, 

Todd, 
Yalliant, 
Wickard — 31. 


Russell, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor. 
Sneary, 

Swope, 

Wooden — 21 . 


So  the  question  upon  its  adoption  was  decided  in  the  af¬ 
firmative. 

.  § 

On  motion  of  Mr.  Davis, 

It  was  ordered  to  be  entered  on  the  Journal  that  the  absence 
of  Mr.  Dellinger,  from  his  seat  in  this  body,  is  caused  by  se¬ 
vere  indisposition  ;  and  that  the  continued  absence  of  Mr. 
Mayhugh,  is  caused  by  illness. 


The  Order  of  the  Day,  being  the  Report  of  the  majority 
of  the  Committee  on  the  Bill  of  Rights, 


Was  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Stockbridge,  to  wit  : 

“Strike  out  all  after  the  word  “people/’  in  the  3rd  line  of 
the  32d  section. 


Mr.  Stirling  demanded  the  yeas  and  nays; 


164 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Affirmative. 


Messrs.  Brown, 

Hop  pei , 

Noble, 

Clarke, 

Horsey, 

Nyman, 

Cunninghan, 

Jones,  of  Cecil, 

Parker, 

Dail, 

Duvall, 

Jones,  of  Som. 

Russell, 

Mitchell, 

Scott, 

Earle, 

Miller, 

Todd, 

Greene, 

Morgan, 

Negley, 

Negative. 

Yalliant — 23. 

Hodson, 

• 

Messrs.  Abbott, 

Hatch, 

Robinette, 

Baker, 

Hebb, 

Schlosser, 

Barron, 

Henkle, 

Smith,  of  Carroll. 

Bond, 

Hopkins, 

Smith,  of  War., 

Cushing, 

Keefer, 

Sneary, 

Stirling, 

Daniel, 

Kennard, 

Davis,  of  Wash., 

Lansdale, 

Swope, 

Ecker, 

Larsh, 

Sykes, 

Galloway, 

Mar  key, 

Wickard, 

Harwood, 

Mullikin, 

Wooden — 30. 

So  the  question  upon  its  adoption  was 

decided  in  the  nega- 

live.  # 

Mr.  Henkle  submitted  the  following  amendment : 

Article  34,  first  line,  after  the  word  4 ‘person,”  insert, 
“except  Justices  of  the  Peace.”  \ 

Decided  in  the  negative. 

Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment: 

Article  35,  strike  out  the  article  “a”  before  “God,”  in  the 
12th  line; 

Decided  in  the  affirmative. 

Mr.  Miller,  submitted  the  following  amendent: 

Article  35,  strike  out  all  after  the  word  “witness”  in  the 
11th  line,  and  insert  the  words  “on  account  of  his  opinions 
on  matters  of  religious  belief.” 

Decided  in  the  negative. 

Mr.  Stirling  submitted  the  following  amendment : 


165 


Article  36,  2d  line,  after  the  word  “office,”  insert  the 
words  “and  qualification. 

Decided  in  the  affirmative. 

Mr.  Ridgely  submitted  the  following  amendment: 

Article  36,  strike  out  all  after  the  word  “the,”  in  the 
fourth  line  to  the  word  “belief,”  in  the  6th  line,  and  insert 
the  following  words:  “existence  of  God  and.” 

Mr.  Clarke  submitted  the  following  amendment  to  the 
amendment : 

Article  36,  strike  out  all  after  the  words  “Christian  Reli¬ 
gion,”  in  the  4th  line,  and  insert  the  words  “or  in  the  exis¬ 
tence  of  God,  and  in  a  future  state  of  rewards  and  punish¬ 
ments.” 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  amendment  as  amen¬ 
ded, 

It  was  decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment: 

Article  36,  insert  between  the  words  “them”  and  “such,” 
in  the  second  line,  the  words  “such  oath  of  allegiance  and 
fidelity  to  this  State  and  the  United  States  as  may  he  pre¬ 
scribed  bv  this  Constitution,  and.” 

Mr.  Miller  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  the  word  “allegiance,”  and  insert  the  word 
“support.” 

The  question  being  upon  the  adoption  of  the  amendment  to 
the  amendment, 

Mr.  Miller  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs.  Bond 


Harwood, 


Lansdale, 
Mitchell, 
Miller, 
Morgan — 14. 


Brown, 

Clarke, 

Dail, 


Henkle, 

Hodson, 

Horsey, 


Duvall, 


Jones,  of  Som. 


166 


Negative. 

Messrs.  Abbott, 

Keefer, 

Schlosser, 

Baker, 

Kennard, 

Scott, 

Cashing, 

King, 

Smith,  of  Carroll, 

Daniel, 

Larsh, 

Smith,  of  Wor., 

Earle, 

Markey, 

Sneary, 

Ecker, 

Mullikin, 

Stirling, 

Farrow, 

Murray, 

Stockbridge, 

Galloway, 

Negley, 

Swope, 

Greene, 

Noble, 

Sykes, 

Hatch, 

Nyman, 

Thomas, 

Hebb, 

Parker, 

Todd, 

Hopkins, 

Ridgely, 

Valliant, 

Hopper, 

Robinette, 

Wickard, 

Jones,  of  Cecil, 

Russell, 

Wooden — 42. 

So  the  question  upon  its  adoption  was  decided  in  the  nega- 

tive. 

• 

The  question  recurring  upon  the  adoption  of  the  amend- 

ment  submitted  by  Mr.  Stirling, 

It  was  decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Strike  out  Article  3 

■7. 

The  question  being 

on  the  adoption 

of  the  amendment, 

Mr.  Thomas  demanded  the  yeas  and 

l  nays. 

The  demand  being 

sustained, 

The  yeas  and  nays 

were  called,  and 

appeared  as  follows  : 

Affirmative. 

Messrs.  Daniel, 

Hatch, 

Stockbridge — 3. 

Negative. 

Messrs.  Abbott, 

Hopkins, 

Nyman, 

Baker, 

Hopper, 

Parker. 

Barron, 

Horsey, 

Ridgely, 

Bond, 

Jones,  of  Cecil, 

Robinette, 

Brown, 

Jones, 'of  Som.j 

,  Russell. 

Clarke, 

Keefer, 

Schlosser, 

Cunningham, 

Kennard, 

Scott, 

Cushing, 

Kin 

Smith,  of  Carroll, 

Davis,  of  Wash., 

Lansdale, 

Smith,  of  Wor., 

Duvall, 

Larsh, 

Sneary, 

Earle, 

Markey, 

Stirling, 

167 


Ecker, 

Farrow, 

Galloway, 

Greene, 

Hebb, 

Henkle, 

Hodson, 


Mitchell 

Miller, 

Morgan, 

Mullikin 


Swope, 

Sykes, 

Thomas, 

Todd, 

Valliant, 

Wickard, 

Wooden — 54. 


Murray, 

Negley, 


Noble 


So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Henkle  submitted  the  following  amendment : 

Article  37,  12th  line,  strike  out  the  word  “five/’  and  in¬ 
sert  the  word  “ fifty ;” 

Decided  in  the  negative. 

Mr.  Brown  submitted  the  following  amendment : 

Article  37,  11th  line,  strike  out  the  word  “leave,”  and  in¬ 
sert  the  word  “sanction 

Decided  in  the  negative. 

Mr.  Cushing  submitted  the  following  amendment : 

Article  37, 10th  line,  insert,  after  the  words  “without  the,” 
the  words  “prior  or  subsequent  sanction 

Decided  in  the  affirmative. 

* 

Mr.  Stockbridge  submitted  the  following  amendment : 

Article  38,  strike  out  all  after  the  word  “as,”  in  the  2nd 
line,  and  add,  “is  most  in  accordance  with,  and  most  bind¬ 
ing  upon  the  conscience  of  the  person  to  whom  such  oath  or 
affirmation  may  be  administered  ;” 

Decided  in  the  negative. 

Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment: 

Article  39,  insert  after  the  word  “'of”  in  the  first  line,  the 
words  “speech  and  of.” 

% 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows : 


168 


Messrs.  Bond, 

Affirmative. 

Jones,  of  Somer., 

Parker, 

Brown, 

Kennard, 

Robinette, 

Clarke, 

Lansdale, 

Scott, 

Dail, 

Duvall, 

Mitchell, 

Smith,  of  Carroll 

Miller, 

Thomas, 

Farrow, 

Morgan, 

Todd, 

Harwood, 

Mullikin, 

Yalliant, 

Henkle, 

Negley, 

Wickard, 

Hodson, 

Noble, 

Wooden — 28. 

Horsey, 

• 

Messrs.  Abbott, 

Negative. 

Greene, 

Murray, 

Baker, 

Hatch, 

Ridgely, 

Barron, 

Hebb, 

Russell, 

Cunningham, 

Hopkins, 

Schlosser, 

Cushing, 

Hopper, 

Smith,  of  Wor., 

Daniel, 

Jones,  of  Cecil, 

Sneary, 

Davis,  of  Wash., 

Keefer, 

Stirling, 

Earle, 

King, 

Swope, 

Ecker, 

Larsh, 

Sykes — 28. 

Galloway, 


So  tlie  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Abbott  submitted  the  following  amendment: 

Article  39,  add  to  end  of  Article  the  words,  “except  when 
used  for  treasonable  purposes,” 

The  question  being  upon  the  adoption  of  the  amendment, 
Mr.  Abbott  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


Messrs.  Abbott, 
Baker, 

Barron, 

Davis,  of  Wash., 


Hatch, 

Jones,  of  Cecil, 
King,- 


Negative. 


Larsh, 
Negley, 
Sneary — 10. 


Messrs.  Bond, 
Brown, 
Clarke, 


Hodson, 

Hopkins, 

Hopper, 


Ridgely, 

Robinette, 

Russell, 


169 


Cunningham, 

Cushing, 

Dail, 

Daniel, 

Duvall, 

Earle, 

Ecker, 

Farrow, 

Galloway, 

Greene, 

Harwood, 

Hebb, 

Henkle, 


Horsey, 

Jones,  of  Som., 

Keefer, 

Kennard, 

Lansdale, 

Mitchell, 

Miller, 

Morgan, 

Mullikin, 

Murray, 

Noble, 

Parker, 


Schlosser, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Stirling, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Yalliant, 

Wickard, 

Wooden — 46. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


Mr.  Todd  submitted  the  following  amendment : 

Strike  out  Article  44. 

Mr.  Clarke  submitted  the  following  amendment  to  the 
amendment: 

f  1  » 

Article  44,  strike  out  all  after  the  word  ‘That”  and  insert 
the  words,  ‘The  Legislature  shall  pass  no  law  providing  for 
an  alteration,  change  or  abolishment  of  this  Constitution  ex¬ 
cept  in  the  manner  therein  prescribed  and  directed  ; 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 


Mr.  Clarke  demanded  the  yeas  and  nays; 

The  demand  being  sustained. 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


Affirmative. 


essrs.  Baker, 

Harwood, 

Miller, 

Barron, 

Henkle, 

Morgan, 

Bond, 

Hodson, 

Nyman, 

Brown, 

Clarke, 

Hopkins, 

Parker, 

Ridgely, 

Hopper, 

Cunningham, 

Horsey, 

Schlosser, 

Cushing, 

Keefer, 

Scott, 

Dail, 

Kennard, 

Smith,  of  Carroll. 

Davis,  of  Wash., 

King, 

Sneary, 

Duvall, 

Lansdale, 

Stirling, 

Ecker, 

22 

Larsh, 

Swope, 

Farrow, 

Galloway, 

Greene, 


Markey, 

Mitchell, 


Wickard, 


Wooden — 40. 


Negative. 


Messrs.  Abbott, 


Jones,  of  Som., 


Mullikin, 


Russell, 

Smith,  of  Wor., 

Stockbridge, 

Thomas, 


Daniel, 

Earle, 

Hatch, 

Hehh, 


Murray, 

Negley, 

Noble, 


Todd — 17. 


Jones,  of  Cecil 


Robinette, 


So  the  question  upon  its  adoption  was  decided  in  the  affirma¬ 


tive. 


On  motion  of  Mr.  Stirling, 

The  vote  last  taken  was  reconsidered, 

Mr.  Todd  withdrew  his  motion  to  strike  out  article  44, 

♦ 

The  question  again  recurring  upon  the  adoption  of  the 
amendment  submitted  by  Mr.  Clarke, 

It  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Thomas, 

It  was  ordered  to  he  entered  on  the  Journal  that  Joseph  H. 
Audoun,  of  Baltimore  city,  is  detained  from  his  seat  in  the 
Convention  by  sickness. 

On  motion  of  Mr.  Cushing, 

The  Convention  adjourned. 


SATURDAY,  June  11th,  1864. 


The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar, 

All  the  Members  present  except  the  following  : 

Messrs.  Goldsborougli,  (President,)  Audoun,  Barron,  Belt, 
Berry,  of  Baltimore  county,  Berry,  of  Prince  George’s,  Bil- 


171 


lingsley,  Blackistone,  Bond,  Briscoe,  Brooks,  Carter,  Cham¬ 
bers,  Crawford,  Dail,  Davis,  of  Charles,  Dellinger,  Dennis, 
Dent,  Earle,  Edelen,  Gale,  Hatch,  Hodson,  Hoffman  Holly- 
day,  Johnson,  Kennard,  Lansdale,  Lee,  Mace,  Marbury, 
Mayhugh,  Noble,  Peter,  Pugh,  Purnell,  Ridgely,  Sands, 
Schley,  Smith,  of  Dorchester,  Thruston,  Turner,  Wil- 
mer. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Todd  submitted  the  following  order: 

Ordered,  That  the  Committee  on  the  Legislative  Depart¬ 
ment  be  instructed  to  inquire  into  the  expediency  of  incorpo¬ 
rating  into  the  Constitution  a  provision  making  it  the  duty 
of  the  Legislature  to  provide  by  law  for  the  apprenticeship, 
by  courts  of  competent  jurisdiction,  of  emancipated  negroes, 
who  are  minors,  so  as  to  better  provide  for  their  welfare  and 
preparation  for  the  enjoyment  of  freedom. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Stirling  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 


The  yeas  and  nays  were  called  and  appeared  as  follows: 


Messrs.  Baker, 

Affirmative. 

King, 

Robinette, 

Clarke, 

Larsh, 

Mar  key, 

Russell, 

Cunningham, 

Schlosser, 

Daniel, 

Me  Co  mas, 

Scott, 

Farrow, 

Mitchell, 

Smith,  of  Carroll 

Galloway, 

Miller, 

Smith,  of  Wor., 

Greene, 

Morgan, 

Sneary, 

Henkle, 

Mullikin, 

Swope, 

Hopkins, 

Murray, 

Sykes, 

Hopper, 

Horsey, 

Neglev, 

Thomas, 

Nyman, 

Parker, 

Todd, 

Jones,  of  Cecil, 

Yalliant, 

Jones,  of  Som. 

Parran, 

Wooden — 39. 

Messrs.  Abbott, 

Negative. 

Duvall, 

Keefer, 

Annan, 

Ecker, 

Stirling, 

Brown, 

Harwood, 

Stockbridge, 

Cushing, 

Hebb, 

Wickard — 13. 

Davis,  of  Wash. 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 


172 


The  Order  of  the  Day  being  the  Report  of  the  majority  of 
the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

f  *  '  *  *  ...  .  1  '  '  i  1  * 

Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment: 

Insert  as  an  additional  Article,  the  following: 

Article  45,  That  every  citizen  may  freely  speak,  write  and 
publish  his  sentiments  on  all  subjects,  being  responsible  for 
the  abuse  of  that  liberty. 

Mr.  Stockbridge  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  the  words  “may  freely,”  and  insert  the  words 
“ought  to  be  allowed  to.” 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


Messrs.  Abbott, 

Henkle, 

Nyman, 

Robinette, 

Annan, 

Hodson, 

Baker, 

Hopkins, 

Russell, 

Brown, 

Hopper, 

Horsey, 

Schlosser, 

Clarke, 

Scott, 

Cunningham, 

Jones,  of  Cecil, 

Smith,  of  Carrol], 

Cushing, 

Keefer, 

Smith,  of  Wor., 

Daniel, 

Larsh, 

Sneary, 

Davis,  of  Wash., 

Markey,  * 

Stockbridge, 

Duvall, 

McComas, 

Swope, 

Sykes, 

Ecker, 

Morgan, 

Farrow, 

Mullikin, 

Thomas, 

Galloway, 

Murrav, 

Negley, 

Todd, 

Greene, 

Wooden — 43. 

Hebb, 

Negative. 

Messrs.  Harwood, 

Miller, 

Stirling, 

Jones,  of  Som. 

Parker, 

Valliant, 

King, 

Mitchell, 

Parran, 

Wickard — 10. 

173 


So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Jones,  of  Somerset, 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs.  Brown, 

Hopper, 

Russell, 

Clarke, 

Horsey, 

Schlosser, 

Cunningham, 

Jones,  of  Som., 

Scott, 

Daniel, 

Larsh, 

Smith,  of  Carroll, 

Duvall, 

McComas, 

Smith,  of  VYor., 

Farrow, 

Galloway, 

Mitchell, 

Stirling, 

Miller, 

Stockbridge, 

Thomas, 

Greene, 

Morgan, 

Harwood, 

Negley, 

Todd, 

Henkle, 

Parran, 

Robinette, 

Yalliant, 

Hodson, 

Wickard — 33. 

Negative. 

i 

Messrs.  Abbott, 

Hopkins, 

Nyman, 

Parker, 

Annan, 

Jones,  of  Cecil, 

Baker, 

Keefer, 

Sueary, 

Cushing, 

King, 

Swope, 

Sykes, 

Davis,  of  Wash., 

Markey, 

Ecker, 

Mullikin, 

Wooden — 20. 

Hebb, 

Murray, 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

Mr.  Abbott  submitted  the  following  amendment: 

Insert  as  an  additional  Article  the  following : 

Article  1,  Truths  to  be  held  as  self  evident  are,  that  all 
men  are  created  equally  free  ;  that  they  are  endowed  by  their 
Creator  with  certain  inalienable  rights,  among  which  are 
life,  liberty,  the  enjoyment  of  the  proceeds  of  their  own  labor, 
and  the  pursuit  of  happiness. 

On  motion  of  Mr.  Abbott, 

The  consideration  of  the  amendment  was  informally  pass¬ 
ed  over. 


174 


Ou  motion  of  Mr.  Thomas, 

The  consideration  of  the  fourth  Article  of  the  Report  was 
resumed. 

After  debate  thereon, 

On  motion  of  Mr.  Daniel, 

The  Convention  adjourned  until  Monday  next,  at  12 
o’clock. 


MONDAY,  June  13th,  1864. 

The  Convention  met  at  12  o’clock,  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following: 

Messrs.  GoJdsborough,  (President,)  Belt,  Berry,  of  Balti¬ 
more  county,  Berry,  of  Prince  George’s,  Billingsley,  Black- 
iston,  Briscoe,  Brooks,  Carter,  Crawford,  Dellinger,  Dent, 
Edelen,  Gale,  Harwood,  Henkle,  Hodson,  Hoffman,  Holly- 
day,  Hopper,  Johnson,  Lansdale,  Lee,  Marbury,  Mayhugh, 
Murray,  Purnell,  Ridgely,  Russell,  Schley,  Thomas,  Turner, 
Wilmer — 34. 

The  proceedings  of  Saturday  were  read  and  approved. 

Mr.  Hebb  submitted  the  following  order: 

Ordered,  That  until  the  final  vote  on  the  Declaration  of 
Rights  shall  haye  been  taken,  the  Convention  will  hold  two 
sessions  daily,  beginning  at  10  o’clock,  A.  M.,  and  4J  o’clock 
P.  M. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Hebb  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


175 


Messrs.  Abbott, 

Affirmative. 

Hopkins, 

Scott, 

Annan, 

Jones,  of  Cecil, 

Smith,  of  Carroll, 

Baker, 

Cushing, 

Keefer, 

Smith,  of  Wor. , 

Kennard, 

Sneary, 

Davis,  of  Wash., 

Mace, 

Stirling, 

Earle, 

McComas, 

Swope, 

Ecker, 

Mullikin, 

Sykes, 

Farrow, 

Negley, 

Thruston, 

Galloway, 

Parker, 

Todd, 

Greene, 

Pugh, 

Wickard, 

Hebb, 

Robinette, 

Wooden — 33. 

Messrs.  Audoun, 

Negative. 

Hatch, 

Noble, 

Barron, 

Horsey, 

Nyman, 

Bond, 

Jones,  of  Som., 

Parran, 

Chambers, 

King, 

Larsh, 

Peter, 

Cunningham, 

Schlosser, 

Smith,  of  Dor., 

Dail, 

Markey, 

Davis,  of  Charles, 

Mitchell, 

Stockbridge, 

Dennis, 

Miller, 

Yalliant — 26. 

Duvall, 

Morgan, 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


Mr.  Hebb  submitted  the  following  order: 

Ordered,  That  the  use  of  the  Hall  be  granted  to  Capt.  A. 
R.  Calhoun,  to  deliver  a  Lecture  on  “Life  in  Libby  Prison/’ 
to-morrow  evening. 

Which  was  adopted. 

The  Order  of  the  Day  being  the  Report  of  the  majority  of 
the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Briscoe,  to  the  fourth  Article  of  the  Report 
to  wit: 

Strike  out  the  word  “paramount.” 

Mr.  Audoun  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put  ?” 


176 


Mr.  Audoun  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


Messrs.  Abbott, 
Annan, 

Audoun, 

Baker, 

Davis,  of  Wash., 
Ecker, 


Messrs.  Barron, 
Bond, 

Brown, 

Chambers, 

Cunningham, 

Cushing, 

Dail, 

Davis,  of  Charles, 
Dennis, 

Duvall, 

Earle, 

Farrow, 

Galloway, 

Greene, 

Hebb, 


Hatch, 

Hopkins, 

Jones,  of  Cecil, 

McComas, 

Mullikin, 

Negative. 

Horsey, 

Jones,  of  Som., 

Keefer, 

Kennard, 

King, 

Larsh, 

Mace, 

Markey, 

Mitchell, 

Miller, 

Morgan, 

Negley, 

Parker, 

Parran, 

Peter, 


Noble, 
Nyman, 
Robinette, 
Sneary, 
Swope — 16. 


Pugh, 

Sands, 

Schlosser, 

Scott, 

Smith,  of  Carroll 
Smith,  of  Dor., 
Smith,  of  Wor., 
Stirling, 
Stockbridge, 
Sykes, 

Thruston, 

Todd, 

Yalliant, 
Wickard, 
Wooden — 45. 


So  the  call  for  the  previous  question  was  not  sustained. 

The  Convention  returned  to  the  consideration  of  Mr.  Bris¬ 
coe’s  amendment. 

After  debate  thereon, 

On  motion  of  Mr.  Hebb, 

At  ten  minutes  past  three  o’clock,  P.  M.,  the  Convention 
took  a  recess  until  4^  o’clock,  P.  M. 


177 


EVENING  SESSION. 

The  Convention  re-assembled  at  4^  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

Messrs.  Goldshorongh,  (President,)  Audoun,  Barron,  Belt, 

Berry,  of  Baltimore  county,  Berry,  of  Prince  George’s,  Bil-  n 
lingsley,  Blackiston,  Briscoe,  Brooks,  Carter,  Chambers, 
Crawford,  Cunningham,  Bail,  Davis,  of  Charles,  Dellinger, 
Dennis,  Dent,  Edelen,  Gale,  Hatch,  Henkle,  Hodson,  Hotf- 
man,  Hollyday,  Hopper,  Horsey,  Johnson,  Jones,  of  Cecil, 
Lansdale,  Larsh,  Lee,  Mace,  Marbury,  Markey,  Mayhugh, 

Noble,  Parker,  Peter,  Purnell,  Ridgely,  Russell,  Schley, 

Smith,  of  Dorchester,  Thomas,  Thruston,  Turner,  Valliant, 
Wickard,  Wilmer,  Wooden — 52. 

There  being  no  quorum  present, 

Mr.  Greene  moved  a  call  of  the  Convention. 

The  roll  was  called  and  the  following  members  answered  to 
their  names : 

Messrs.  Abbott,  Annon,  Baker,  Bond,  Brown,  Cushing, 
Daniel,  Davis,  of  Washington,  Duvall,  Earle,  Ecker,  Gallo¬ 
way,  Greene,  Harwood,  Hebb,  Hopkins,  Keefer,  Kennard, 

King,  McComas,  Mitchell,  Miller,  Morgan,  Mullikin,  Megley, 
Nyman,  Pugh,  Robinette,  Sands,.  Schlosser,  Scott,  Smith,  of 
Worcester,  Sneary,  Stirling,  Stockbridge,  Swope,  Sykes, 

Todd — 39. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Stockbridge, 

The  Convention  adjourned. 


23 


178 


TUESDAY,  June  14th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following  : 

Messrs.  Berry,  of  Baltimore  county,  Crawford,  Dail,  Dent, 
Hollyday,  Johnson,  Mace,  Mayhugh,  Parnell,  Russell, 
Thomas — 11. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Smith,  of  Carroll,  submitted  the  following  order  : 

Ordered,  That  Mr.  Miller,  of  Anne  Arundel  county,  and 
Mr.  Daniel,  of  Baltimore  city,  have  leave  to  submit  the  re¬ 
mainder  of  their  speeches  not  delivered  yesterday,  to  the  Re¬ 
porter,  to  be  by  him  incorporated  among  the  Debates  of  the 
Convention : 

0 

The  question  being  upon  the  adoption  of  the  order, 

Mr.  Barron  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


Messrs.  Barron, 

Edelen, 

Mitchell, 

Belt, 

Gale, 

Morgan, 

Berry,  of  P.  Gr., 

Harwood, 

Par  ran, 

Billingsley, 

Henkle, 

Peter, 

Blackiston, 

Hodson, 

Horsey, 

Ridgely, 

Briscoe, 

Smith,  of  Carroll 

Brown, 

Jones,  of  Som., 

Smith,  of  Dor., 

Chambers, 

Kennard, 

Smith,  of  Wor., 

Clarke, 

Lansdale, 

Stockbridge, 

Cushing, 

Larsli, 

Swope, 

Dennis, 

Lee, 

Turner, 

Duvall, 

Earle, 

Marbury, 

Negative. 

Wilmer — 37. 

Messrs. 

Hatch, 

,  Parker, 

G-oldsborough  P’t, 

Hebb, 

Pugh, 

Robinette, 

Abbott, 

Hoffman, 

Annan, 

Hopkins, 

Sands, 

Audoun, 

Baker, 

Brooks, 

Carter, 
Cunningham, 
Davis,  of  Charles, 
Davis,  of  Wash., 
Dellinger, 

Ecker, 

Farrow, 

Galloway, 

Greene, 


Hopper, 

Jones,  of  Cecil, 
Keefer, 

Kin^ 

Mar  key, 

Me  Co  m  as, 
Mullikin, 
Murray, 
Negley, 

Noble, 

Nyman, 


Schley, 

Schlosser, 

Scott, 

Snear}^, 

Stirling, 

Sykes, 

Thruston, 

Todd, 

Yalliant, 

Wickard, 

Wooden — 45. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Stockbridge  submitted  the  following  order : 

Ordered,  That  general  debate  on  the  4tli  Article  of  the 
Declaration  of  Bights  shall  cease  at  half-past  five  o’clock  to¬ 
day  ;  that  the  Chairman  of  the  Committee  that  reported  the 
same  shall  then  be  allowed  for  closing  the  discussion,  such 
time  as  he  may  desire,  not  exceeding  one  hour  and  a  quarter, 
immediately  after  which  the  vote  shall  he  taken  upon  the 
pending  amendment.  Should  any  other  amendments  be  offer¬ 
ed,  the  person  offering  the  same  shall  be  allowed  five  minutes 
to  explain  the  purpose  and  effect  of  his  proposed  amendment, 
and  the  vote  shall  then  be  taken  thereon  without  further  de¬ 
bate. 


Mr.  Chambers  moved  to  lay  the  order  on  the  table, 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Marbury  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Goldsborough,  P’t 
Belt, 

Berry,  of  P.  Geo., 
Billingsley, 
Blackiston, 
Briscoe, 

Brooks, 

Brown, 

Chambers, 


Dennis, 

Duvall, 

Edelen, 

Gale, 

Harwood, 

Henkle, 

Hodson, 

Horsey, 

Jones,  of  Som. 
King, 


Marbury, 

Markey, 

Mitchell, 

Miller, 

Morgan, 

Parker, 

Parran, 

Smith,  of  Carroll. 
Smith,  of  Dor., 


180 


Clarke, 

Lansdale, 

Sykes, 

Cunninghan, 
Davis,  of  Charles, 

Lee, 

Negative. 

Wilmer — 36. 

Messrs.  Abbott, 

Hebb, 

Bidgely, 

Annan, 

Hoffman, 

Robinette, 

Audoun, 

Hopkins, 

Schley, 

Baker, 

Hoppei, 

Schlosser, 

Barron, 

Jones,  of  Cecil, 

Scott, 

Carter, 

Keefer, 

Smith,  of  Wor., 

Cushing, 

Kennard, 

Sneary, 

Daniel, 

Larsh, 

Stirling, 

Davis,  of  Wash., 

McComas, 

Stockbridge, 

Dellinger, 

Mullikin, 

Swope, 

Earle, 

Murray, 

Thruston, 

Ecker, 

Negley, 

Todd, 

Farrow, 

Noble, 

Valliant 

Galloway, 

Nyman, 

Wickard, 

Greene, 

Hatch, 

Pugh, 

Wooden — 46. 

So  the  question 

upon  its  adoption 

was  decided  in  the 

negative. 

The  question  recurring  upon  the  adoption  of  the  order, 

Mr.  Stirling  submitted  the  following  amendment : 

Strike  out  the  words  “half  past  five  o’clock  this  afternoon,” 
and  insert  the  words  “twelve  o’clock  to-morrow.” 

Mr.  Pugh  submitted  the  following  amendment : 

i 

Strike  out  the  words  “half  past  five  o’clock  this  after¬ 
noon,”  and  insert  the  words  “half  past  five  o’clock  Thurs¬ 
day  afternoon.” 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Pugh, 

It  was  decided  in  the  affirmative. 

Mr.  Daniel  submitted  the  following  amendment: 

Strike  out  the  words  “five  and  a  half  o’clock,”  and  insert 
the  words  “one  o’clock,” 

Decided  in  the  affirmative. 

Mr.  Baker  moved  to  re-consider  the  vote  last  taken, 

Decided  in  the  negative. 


181 


The  question  then  recurring  upon  the  adoption  of  the  order 
as  amended,  to  wit : 

“That  debate  on  the  4th  Article  of  the  of  Declaration  of 
Rights  shall  cease  at  one  o’clock  on  Thursday  next,”  &c. 

It  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Smith,  of  Dorchester. 

It  was  ordered  to  be  entered  on  the  Journal,  that  Alward 
Johnson,  Esq.,  a  member  of  this  Convention  is  absent  from 
his  seat  in  consequence  of  sickness  in  his  family. 

The  Order  of  the  Day,  being  the  Report  of  the  majority 
of  the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

After  debate  upon  the  preceding  amendment,  to  wit  : 

“Strike  out  the  word  “paramount,”  in  the  4th  Article  of 
the  Report ; 

Mr.  Abbott,  by  general  consent,  submitted,  the  following 
order : 

Ordered,  That  John  T.  Wright,  be  appointed  temporary 
Sergeant-at-Arms. 

Which  was  rejected. 

Mr.  Daniel  submitted  the  following  order : 

Ordered,  that  any  officer  of  this  Convention  hereafter  ab¬ 
senting  himself  without  leave  of  the  President  first  had  and 
obtained  except  in  case  of  sickness,  shall  be  dismissed  his 
place,  and  that  the  President  of  this  Convention  shall  have 
the  power  to  appoint  a  temporary  Sergeant-at-Arms  for  such 
time  as  he  may  deem  best. 

Mr.  Barron  moved  to  lay  the  order  on  the  table; 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Davis, 

At  forty-five  minutes  past  two  o’clock  the  Convention  took 
a  recess  until  half-past  four  o’clock. 


182 


EVENING  SESSION. 

The  Convention  re-assembled  at  4^  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Audoun,  Barron,  Berry,  of  Baltimore  county, 
Billingsley,  Bond,  Briscoe,  Brooks,  Chambers,  Clarke,  Craw¬ 
ford,  Dail,  Davis,  of  Charles,  Dennis,  Dent,  Edelen,  Hatch, 
Henkle,  Hodson,  Hollyday,  Johnson,  Jones,  of  Cecil,  King, 
Lansdale,  Larsh,  Mace,  Markey,  Mayhugh,  Morgan,  Noble, 
Parran,  Peter,  Pugh,  Purnell,  Ridgely,  Russell,  Smith,  of 
Dorchester,  Stockbridge,  Swope,  Thomas,  Valliant,  Wickard, 
Wilmer — 42. 

Mr.  Scott  submitted  the  following  order  : 

Ordered,  That  the  President  be  authorized  to  appoint  a 
person  to  act  as  Sergeant-at-Arms,  temporarily,  who  shall 
receive  the  pay  of  the  present  incumbent  while  acting  in  his 
place. 

Mr.  Harwood  submitted  the  following  amendment : 

Strike  out  the  words  “the  pay  of  the  present  incumbent, 
while  acting  in  his  place,”  and  insert  “five  dollars  per 
day.” 

The  question  being  upon  the  adoption  of  the  amendment, 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  order, 

It  was  decided  in  the  affirmative. 

The  President  appointed  John  T.  Wright  temporary  Ser¬ 
geant-at-Arms,  in  compliance  with  the  above  order. 

The  Convention  then  resumed  the  consideration  of  the 
Order  of  the  Day,  the  report  of  the  majority  of  the  Commit¬ 
tee  on  the  Bill  of  Rights. 

After  debate  thereon, 

« 

At  five  o’clock,  Mr.  Berry,  of  Prince  George’s,  moved  that 
the  Convention  adjourn  ; 

Decided  in  the  negative. 

Mr.  Daniel  moved  to  take  up  for  consideration  the  report 
of  the  Committee  on  Future  Amendments  to  the  Constitu¬ 
tion  ; 


Decided  in  the  negative. 

At  five  minutes  past  five  o’clock,  Mr.  Duvall  moved  that 
the  Convention  do  now  adjourn  ; 

Decided  in  the  negative. 

m 

Mr.  Stirling  moved  that  the  further  consideration  of  the 
report  of  the  Committee  on  the  Bill  of  Rights  be  postponed 
until  to-morrow  morning  ; 

Decided  in  the  affirmative. 

Mr.  Abbott  submitted  the  following  order : 

Ordered,  That  the  President  be  authorized  to  direct  the 
Sergeant-at-Arms  to  attend  at  the  railroad  station  and  at  the 
steamboat  landing  in  this  city,  whenever  he  may  deem  it 
proper,  to  prevent  the  departure  from  this  city  of  any  mem¬ 
ber  or  officer  of  the  Convention,  without  permission  being- 
first  obtained,  as  prescribed  by  the  Rules  and  orders  of  this 
Convention. 

Mr.  Duvall  moved  to  lay  the  order  on  the  table, 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Stirling  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Galloway, 

Mitchell, 

Berry,  of  P.  Geo., 

Greene, 

Miller, 

Blackiston, 

Henkle, 

Murray, 

Bond, 

Hoffman, 

Parker, 

Briscoe, 

Hopkins, 

Sands, 

Chambers, 

Hopper, 

Schley, 

Cunningham, 

Horsey, 

Schlosser, 

Smith,  of  Carroll, 

Dellinger, 

Jones,  of  Som., 

Duvall, 

Kennard, 

Smith,  of  Wor., 

Earle, 

Lansdale, 

Sykes, 

Edelen, 

Gale, 

Lee, 

Marbury, 

Negative. 

Turner — 34. 

Messrs. 

Daniel, 

Negley, 

Goldsborough,  P’t 

Davis,  of  Wash., 

Nyman, 

Abbott, 

Ecker, 

Robinette, 

Annan, 

Earrow, 

Scott, 

184 


Baker, 

Hebb, 

Sneary, 

Belt. 

/ 

Keefer, 

Stirling, 

Billingsley, 

King, 

Swope, 

Todd, 

Brown, 

McComas, 

Carter, 

Cashing, 

Mullikin, 

Wooden — 27. 

So  the  question  upon  its  adoption 
affirmative. 

was  decided  in  the 

At  twenty  minutes  past  five  o’clock, 
Convention  do  now  adjourn, 

Mr.  Bond  moved  the 

The  question  being 

upon  the  adoption 

of  the  motion, 

Mr.  Sands  demanded  the  yeas  and  nays: 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 

Messrs. 

Duvall, 

Lansdale, 

Berry,  of  P.  Geo., 

Earle, 

Lee, 

Marbury, 

Billingsley, 

Edelen, 

Blackiston, 

Gale, 

Mitchell, 

Bond, 

Greene, 

Murray, 

Briscoe, 

Henkle, 

JNvman, 

Brown, 

Jones,  of  Som., 

Parker, 

Chambers, 

Cunningham, 

King, 

Negative. 

Stirling — 24, 

Messrs. 

Galloway, 

Sands, 

Goldsborough,  P’t 

Hebb, 

Schley, 

Abbott, 

Hoffman, 

Schlosser, 

Annan, 

Hopkins, 

Scott, 

Baker, 

Hopper, 

Horsey, 

Smith,  of  Carroll, 

Belt, 

Smith,  ofWor. 

Carter, 

Keefer, 

Sneary, 

Cushing, 

Kennard, 

Swope, 

Daniel, 

McComas, 

Sykes, 

Davis,  of  Wash., 

Miller, 

Thruston, 

Dellinger, 

Mullikin. 

j 

Todd. 

Ecker, 

Negley, 

Turner, 

Farrow, 

Robinette, 

Wooden — 38. 

So  the  question  upon  its  adoption  was 

decided  in  the  nega- 

tive. 

Mr.  Belt  submitted  the  following  order  : 


185 


Ordered,  That  the  Committee  on  the  Legislative  Depart¬ 
ment  be  requested  to  inquire  into  the  expediency  of  incorpo¬ 
rating  a  provision  into  the  Constitution,  requiring  the  Legis¬ 
lature  to  provide  for  the  publication,  after  each  regular  ses¬ 
sion,  of  a  new  edition  of  the  Maryland  Code,  which  shall 
embrace  all  the  changes,  additions  and  alterations  in  its  sec¬ 
tions  and  provisions  made  at  that  session,  so  that  the  last 
edition  of  the  Code  shall  always  represent  the  exact  state  of 
the  Law  as  it  exists. 

Which  was  adopted. 

Mr.  Schley  moved  to  reconsider  the  vote  by  which  an 
order  was  adopted  at  the  morning’s  session,  to  terminate  the 
debate  on  the  fourth  Article  of  the  Bill  of  Rights  on  Thurs¬ 
day  next. 


The  question  being 

on  the  adoption 

of  the  motion, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
navs, 

%}  7 

The  demand  being 

sustained, 

The  yeas  and  nays 

were  called,  and 

Affirmative. 

appeared  as  follows  : 

Messrs.  Abbott, 

Hebb, 

Sands, 

Annan, 

Hoffman, 

Schley, 

Baker, 

Hopkins, 

Schlosser, 

Daniel, 

Keefer, 

McComas, 

Scott, 

Davis,  of  Wash., 

Sneary, 

Swope, 

Dellinger, 

Mullikin, 

Ecker, 

Negley, 

Todd, 

Galloway, 

Nyman, 

Robinette, 

Negative. 

Wooden — 26. 

Greene, 

Messrs. 

Duvall, 

Lee, 

Goldsborough,  Pt. 

Earle, 

Marbury, 

Belt, 

Edelen, 

Mitchell, 

Berry,  of  P.  Geo., 

Farrow, 

Miller, 

Billingsley, 

Gale, 

Murray, 

Blackiston, 

IPenkle, 

Parker, 

Bond, 

Hopper, 

Smith,  of  Carroll, 

Briscoe, 

Horsey, 

Smith,  of  Wor., 

Brown, 

Jones,  of  Som., 

Stirling, 

Carter, 

Kennard, 

Sykes, 

Chambers, 

King, 

Turner — 34. 

Cunningham, 

Lansdale, 

24 


186 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

On  motion  of  Mr.  Briscoe, 

At  thirty-five  minutes  past  five  o’clock,  the  Convention 
adjourned. 


WEDNESDAY,  June  15th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Davenport. 

All  the  members  present  except  the  following  : 

Messrs.  Belt,  Berry,  of  Baltimore  county,  Clarke,  Dail, 
Dennis,  Dent,  Harwood,  Hatch,  Hodson,  Johnson,  Mace, 
Mayhugh,  Morgan,  Peter,  Pugh,  Schlosser,  Smith,  of  Dor¬ 
chester,  Stockbridge,  Thomas,  Wilmer — 19. 

The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Keefer, 

it  was  ordered  to  he  entered  on  the  Journal,  that  P.  G. 
Schlosser,  of  Frederick  county,  is  absent  from  his  seat  in  this 
body  on  account  of  sickness  in  his  family. 

Mr.  Schley,  from  the  Committee  on  the  Legislative  De¬ 
partment,  submitted  the  following  report : 

The  Committee  to  whom  was  referred  all  matters  relating 
to  the  Legislative  Department,  beg  leave  respectfully  to  make 
the  following 

REPORT: 

AllTICLE  3. 

Legislative  Department . 

Section  1.  The  Legislature  shall  consist  of  two  distinct 
branches,  a  Senate  and  a  House  of  Delegates,  which  shall  he 
styled  “The  General  Assembly  of  Maryland.” 


187 


Sec.  2.  The  members  of  the  House  of  Delegates  shall  be 
elected  by  the  qualified  voters  of  the  Counties  and  City  of 
Baltimore  respectively,  to  serve  for  two  years  from  the  day  of 
their  election. 

Sec.  3.  The  first  election  for  Senators  and  Delegates,  shall 
take  place  on  the  first  Wednesday  of  November,  eighteen 
hundred  and  sixty-four  ;  and  the  elections  for  Delegates,  and 
as  nearly  as  practicable,  for  one  half  of  the  Senators,  shall 
be  held  on  the  same  day  in  every  second  year  thereafter  ;  and 
the  election  for  Representatives  from  this  State  in  the  Con¬ 
gress  of  the  United  States,  shall  take  place  on  the  same 
day. 

Sec.  4.  Immediately  after  the  Senate  shall  have  convened, 
after  the  first  election  under  this  Constitution,  the  Senators 
shall  be  divided  by  lot,  into  two  classes,  as  nearly  equal  in 
number  as  may  be, — the  Senators  of  the  first  class  shall  go 
out  of  office  at  the  expiration  of  two  years,  and  Senators 
shall  be  elected  on  the  first  Wednesday  of  November,  eigh¬ 
teen  hundred  and  sixty-six,  for  the  term  of  four  years  to  sup¬ 
ply  their  places  ;  so  that,  after  the  first  election,  one-half  of 
the  Senators  may  be  chosen  every  second  year.  In  case  the 
number  of  Senators  be  hereafter  increased,  such  classification 
of  the  additional  Senators  shall  be  made  as  to  preserve,  as 
nearly  as  may  be,  an  equal  number  in  each  class. 

Sec.  5.  The  General  Assemblv  shall  meet  on  the  first  Wed- 
nesday  of  January,  eighteen  hundred  and  sixty-five,  and  on 
the  same  day  in  every  second  year  thereafter,  and  at  no  other 
time,  unless  convened  by  the  Proclamation  of  the  Gov¬ 
ernor. 

Sec.  6.  The  General  Assembly  may  continue  their  first 
session,  after  the  adoption  of  this  Constitution,  as  long  as  in 
the  opinion  of  the  two  Houses  the  public  interests  may  re¬ 
quire  it,  but  all  subsequent  regular  sessions  of  the  General 
Assembly  shall  be  closed  on  the  last  Thursday  of  March 
next  ensuing  the  time  of  their  commencement,  unless  the 
same  shall  be  closed  at  an  earlier  day  by  the  agreement  of 
the  two  Houses.  And  when  the  General  Assembly  shall  be 
convened  by  Proclamation  of  the  Governor,  the  session  shall 
not  continue  longer  than  thirty  days. 

Sec.  7.  No  person  shall  be  eligible  as  a  Senator  or  Dele¬ 
gate  who,  at  the  time  of  his  election,  is  not  a  citizen  of  the 
United  States,  and  who  has  not  resided  at  least  three  years 
next  preceding  the  day  of  his  election  in  this  State,  and  the 
last  year  thereof  in  the  County  or  City  which  he  may  be 
chosen  to  represent,  jf  sqch  County  or  City  shall  have  been 


188 


so  long  established,  and  if  not,  then  in  the  County  from 
which,  in  whole  or  in  part,  the  same  may  have  been  formed  ; 
nor  shall  any  person  be  eligible  as  a  Senator  unless  he  shall 
have  attained  the  age  of  twenty-five  years,  nor  as  a  Delegate 
unless  he  shall  have  attained  the  age  of  twenty-one  years, 
at  the  time  of  his  election. 

Sec.  8.  No  member  of  Congress  or  person  holding  any 
civil  or  military  office  under  the  United  Slates,  shall  be  eligi¬ 
ble  as  a  Senator  or  Delegate  ;  and  if  any  person  shall,  after 
his  election  as  a  Senator  or  Delegate,  be  elected  to  Congress, 
or  be  appointed  to  any  office,  civil  or  military  under  the 
government  of  the  United  States,  his  acceptance  thereof  shall 
vacate  his  seat. 

Sec.  9.  No  minister  or  preacher  of  the  Gospel  of  any  de¬ 
nomination,  or  of  any  religious  persuasion,  society  or  sect, 
while  he  continues  to  serve  as  such  ;  and  no  person  holding 
any  civil  office  of  profit,  or  profit  and  trust  under  this  State, 
shall  be  eligible  to  the  office  of  Senator  or  Delegate. 

Sec.  10.  Each  House  shall  be  judge  of  the  qualifications 
and  elections  of  its  members,  subject  to  the  Laws  of  the 
State — appoint  its  own  officers,  determine  the  rules  of  its  own 
proceedings,  punish  a  member  for  disorderly  or  disrespectful 
behaviour,  and  with  the  consent  of  two-thirds  of  its  whole 
number,  expel  a  member  ;  but  no  member  shall  be  expelled 
a  second  time  for  the  same  offence. 

Sec.  11.  A  majority  of  the  whole  number  of  each  House, 
shall  constitute  a  quorum  for  the  transaction  of  business,  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  compel 
the  attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  each  House  may  prescribe. 

Sec.  12.  The  doors  of  each  House  and  of  Committees 
of  the  Whole  shall  be  open,  except  when  the  business  is  such 
as  Ought  to  be  kept  secret. 

Sec.  13.  Each  House  shall  keep  a  Journal  of  its  Proceedings, 
and  cause  the  same  to  be  published.  The  yeas  and  nays  of 
members  on  an}^  question  shall,  at  the  call  of  any  five  of  them, 
in  the  House  of  Delegates,  or  one  in  the  Senate,  be  entered  on 
the  Journal. 

Sec.  14.  Neither  House  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days  at  any  one  time  ;  nor 
to  any  other  place  than  that  in  which  the  House  shall  be  sit¬ 
ting,  without  the  concurrent  vote  of  two-thirds  of  the  mem¬ 
bers  present. 


189 


Sec.  15.  The  style  of  all  laws  of  this  State  shall  he,  “Be  it 
enacted  by  the  General  Assembly  of  Maryland,”  and  all  laws 
shall  be  passed  by  original  bill,  and  every  law  enacted  by  the 
General  Assembly  shall  embrace  but  one  subject,  and  that 
shall  be  described  in  the  title,  and  no  law  or  section  of  law 
shall  be  revived,  amended  or  repealed  by  reference  to  its  title 
or  section  only  ;  and  it  shall  be  the  duty  of  the  General  As¬ 
sembly  in  amending  any  article  or  section  of  the  Code  of  Laws 
of  this  State,  to  enact  the  same  as  the  said  article  or  section 
would  read  when  amended;  and  whenever  the  General  Assem¬ 
bly  shall  enact  any  Public  General  Law.  not  amendatory  of 
any  section  or  article  in  the  said  Code  it  shall  be  the  duty  of 
General  Assembly  to  enact  the  same  in  articles  and  sections, 
in  the  same  manner  as  the  said  Code  is  arranged,  and  to  pro¬ 
vide  for  the  publication  of  all  additions  and  alterations  which 
may  be  made  to  the  said  Code. 

4> 

Sec.  16.  Any  bill  may  originate  in  either  House  of  the 
General  Assembly,  and  be  altered,  amended  or  rejected  by 
the  other  ;  but  no  bill  shall  originate  in  either  House  during 
the  last  three  days  of  the  session,  or  become  a  law,  until  it  be 
read  ou  three  different  days  of  the  session  in  each  House,  un¬ 
less  three-fourths  of  the  members  of  the  House,  where  such 
bill  is  pending,  shall  so  determine. 

Sec.  IT.  No  bill  shall  become  a  law,  unless  it  be  passed  in 
each  House  by  a  majority  of  the  whole  number  of  members 
elected,  and  on  its  final  passage,  the  ayes  and  noes  be  re¬ 
corded. 

Sec.  18.  No  money  shall  be  drawn  from  the  Treasury  of 
the  State,  except  in  accordance  with  an  appropriation  made 
by  law,  and  every  such  law  shall  distinctly  specify  the  sum 
appropriated,  and  the  object  to  which  it  shall  be  applied,  pro¬ 
vided  that  nothing  herein  contained  shall  prevent  the  Gener¬ 
al  Assembly  trom  placing  a  contingent  fund  at  the  disposal 
of  the  Executive,  who  shall  report  to  the  General  Assembly 
at  each  session,  the  amount  expended  and  the  purposes  to 
which  it  was  applied  ;  an  accurate  statement  of  the  receipts 
and  expenditures  of  the  public  money  shall  be  attached  to, 
and  published  with  the  laws,  after  each  regular  session  of  the 
General  Assembly. 

Sec.  19.  No  divorce  shall  be  granted  by  the  General  As- 
sembly. 

Sec.  20.  No  debt  shall  hereafter  be  contracted  by  the  Gen¬ 
eral  Assembly  unless  such  debt  shall  be  authorised  by  a  law 
providing  for  the  collection  of  an  annual  tax  or  taxes  sufficient 
to  pay  tlie  interest  on  such  debt  as  it  falls  due,  and  also  to 


190 


discharge  the  principal  thereof  within  fifteen  years  from  the 
time  of  contracting  the  same,  and  the  taxes  laid  for  this  pur¬ 
pose,  shall  not  he  repealed  or  applied  to  any  other  object  un¬ 
til  the  said  debt  and  interest  thereon,  shall  be  fully  discharged, 
and  the  amount  of  debts  so  contracted  and  remaining  unpaid 
shall  never  exceed  one  hundred  thousand  dollars.  The  credit 
of  the  State  shall  not  in  anf  manner,  be  given  or  loaned  to, 
or  in  aid  of,  any  individual,  association  or  corporation,  nor 
shall  the  General  Assembly  have  the  power,  in  any  mode  to 
involve  the  State  in  the  construction  of  works  of  internal  im¬ 
provement,  or  in  any  enterprise  which  shall  involve  the  faith 
or  credit  of  the  State,  or  make  any  appropriations  therefor, 
and  they  shall  not  use  or  appropriate  the  proceeds  of  the  in¬ 
ternal  improvement  companies,  or  of  the  State  Tax  now  levi¬ 
ed,  or  which  may  hereafter  be  levied,  to  pay  off  the  public 
debt,  to  any  other  purpose,  until  the  interest  and  debt  are 
fully  paid,  or  the  sinking  fund  shall  be  equal  to  the  amount 
of  the  outstanding  debt;  but  the  General  Assembly  may, 
without  laying  a  tax,  borrow  an  amount  never  to  exceed  fifty 
thousand  dollars,  to  meet  temporary  deficiencies  in  the  Trea¬ 
sury,  and  may  contract  debts  to  any  amount  that  may  be 

necessarv  for  the  defence  of  the  State. 

%/ 

Sec.  21.  No  extra  compensation  shall  be  granted  or  allow¬ 
ed  by  the  General  Assembly  to  any  public  officer,  agent,  ser¬ 
vant  or  contractor,  after  the  services  shall  have  been  rendered 
or  the  contract  entered  into.  Nor  shall  the  salary  or  com¬ 
pensation  of  any  public  officer  be  increased  or  diminished, 
during  his  term  ofoffi.ee. 

Sec.  22.  No  Senator  or  Delegate,  after  qualifying  as  such, 
notwithstanding  he  may  thereafter  resign,  shall,  during  the 
whole  period  of  time  for  which  he  was  elected,  be  eligible  to 
any  office  which  shall  have  been  created,  or  the  salary  or 
profits  of  which  shall  have  been  increased  during  such  term, 
or  shall,  during  said  term,  hold  any  office,  or  receive  the 
salary  or  profits  of  any  office  under  the  appointment  of  the 
Executive  or  General  Assembly. 

Sec.  23.  Each  House  may  punish  by  imprisonment,  during 
the  session  of  the  General  Assembly,  any  person  not  a  mem¬ 
ber,  for  disrespectful  or  disorderly  behavior  in  its  presence, 
or  for  obstructing  any  of  its  proceedings,  or  any  of  its  officers 
in  the  execution  of  their  duties  ;  provided  such  imprisonment 
shall  not,  at  any  one  time,  exceed  ten  days. 

Sec.  24.  The  members  of  each  House  shall,  in  all  cases, 
except  treason,  felony,  or  other  criminal  offence,  be  privi¬ 
leged  from  arrest  during  their  attendance  at  the  session  of 


191 


the  General  Assembly,  and  in  going  to  and  returning  from 
the  same,  allowing  one  day  for  every  thirty-five  miles  such 
member  may  reside  from  the  place  at  which  the  General  As¬ 
sembly  is  convened. 

Sec.  25.  No  Senator  or  Delegate  shall  he  liable,  in  any 
civil  action  or  criminal  prosecution  whatever,  for  words  spoke 
in  debate. 

Sec.  26.  The  House  of  Delegates  may  inquire,  on  the  oath 
of  witnesses,  into  all  complaints,  grievances  and  offences,  as 
the  grand  inquest  of  the  State,  and  may  commit  any  person 
for  any  crime  to  the  public  jail,  there  to  remain  until  dis¬ 
charged  by  due  course  of  law  ;  they  may  examine  and  pass 
all  accounts  of  the  State,  relating  either  to  the  collection  or 
expenditure  of  the  revenue,  and  appoint  auditors  to  state  and 
adjust  the  same  ;  they  may  call  for  all  public  or  official  pa¬ 
pers  and  records,  and  send  for  persons  whom  they  may  judge 
necessary  in  the  course  of  their  inquiries  concerning  affairs 
relating  to  the  public  interest,  and  may  direct  all  office  bonds 
which  shall  be  made  payable  to  the  State,  to  he  sued  for  any 
breach  of  duty. 

Sec.  27.  In  case  of  death,  disqualification,  resignation,  re¬ 
fusal  to  act,  expulsion  or  removal  from  the  county  or  city  for 
which  he  shall  have  been  elected,  of  any  person  who  shall 
have  been  chosen  as  a  Delegate  or  Senator,  or  in  case  of  a 
tie  between  two  or  more  such  qualified  persons,  a  warrant  of 
election  shall  be  issued  by  the  Speaker  of  the  House  of  Dele¬ 
gates  or  President  of  the  Senate,  as  the  case  may  he,  for  the 
election  of  another  person  in  his  place,  of  which  election  not 
less  than  ten  days  notice  shall  be  given,  exclusive  of  the  day 
of  the  publication  of  the  notice  and  of  the  day  of  election  ; 
and  in  case  of  such  resignation  or  refusal  to  act,  being  com¬ 
municated  in  writing  to  the  Governor  by  the  person  making 
it,  or  if  such  death  occur  during  the  legislative  recess,  and 
more  than  ten  days  before  its  termination,  it  shall  be  the 
duty  of  the  Governor  to  issue  a  warrant  of  election  to  supply 
the  vacancy  thus  created,  in  the  same  manner  the  said  Speaker 
or  President  might  have  done  during  the  session  of  the  Gen¬ 
eral  Assembly;  provided,  however,  that  unless  a  meeting  of 
the  General  Assembly  may  intervene,  the  election  thus  or¬ 
dered  to  fill  such  vacancy  shall  be  held  on  the  day  of  the  en¬ 
suing  election  for  Delegates  and  Senators. 

Sec.  28.  The  Senators  and  Delegates  shall  receive  a  per 
diem  of  five  dollars,  and  such  mileage  as  may  be  allowed  by 
law,  and  the  presiding  officer  of  each  House  shall  he  allowed 
an  addition  of  one  dollar  per  day.  No  hook  or  other  printed 


192 


matter  not  appertaining  to  the  business  of  the  session,  shall 
be  purchased  or  subscribed  for  lor  the  use  of  the  members, 
or  be  distributed  among  them,  at  the  public  expense. 

Sec.  29.  No  law  passed  by  the  General  Assembly  shall 
take  effect  until  the  first  day  of  June  next  after  the  session  at 
which  it  may  be  passed,  unless  it  be  otherwise  expressly  de¬ 
clared  therein  ;  and  in  case  any  public  law  is  made  to  take 
effect  before  the  said  first  day  of  June,  the  General  Assembly 
shall  provide  for  the  immediate  publication  of  the  same. 

Sec.  30.  The  General  Assembly  shall  pass  laws  for  the  pre¬ 
servation  of  the  purity  of  elections,  by  the  registration  of 
voters,  or  by  such  other  means  as  may  be  deemed  expedient, 
and  to  make  effective  the  provisions  of  the  Constitution  dis¬ 
franchising  certain  persons,  or  disqualifying  them  from  hold¬ 
ing  office. 

Sec.  31.  Every  bill,  when  passed  by  the  General  Assembly 
and  sealed  with  the  Great  Seal,  shall  be  presented  to  the 
Governor,  who  shall  sign  the  same  in  the  presence  of  the 
presiding  officers  and  chief  clerks  of  the  Senate  and  House  of 
Delegates.  Everj^  law  shall  be  recorded  in  the  office  of  the 
Court  of  Appeals,  and  in  due  time  be  printed,  published  and 
certified  under  the  Great  Seal  to  the  several  Courts,  in  the 
same  manner  as  has  been  heretofore  usual  in  this  State. 

Sec.  32.  No  collector,  receiver  or  holder  of  public  moneys 
shall  be  eligible  as  Senator  or  Delegate,  or  to  any  office  of 
profit  or  trust  under  this  State,  until  he  shall  have  accounted 
for  and  paid  into  the  Treasury  all  sums  on  the  books  thereof, 
charged  to  and  due  by  him. 

Sec.  33.  Any  citizen  of  this  State  who  shall,  after  the  adop¬ 
tion  of  this  Constitution,  either  in  or  out  of  this  State,  fight 
a  duel  with  deadly  weapons,  or  send  or  accept  a  challenge  so 
to  do,  or  who  shall  act  as  a  second,  or  knowingly  aid  or  assist 
in  any  manner  those  thus  offending,  and  any  citizen  who  has 
thus  offended,  or  who  has  so  aided  or  assisted  those  thus  of¬ 
fending  since  the  first  Wednesday  of  June  eighteen  hundred 
and  fifty-one,  shall  ever  thereafter  be  incapable  of  holding  any 
office  of  trust  or  profit  under  this  State. 

Sec.  34.  No  lottery  grant  shall  ever  hereafter  be  authorized 
by  the  General  Assembly. 

Sec.  35.  The  General  Assembly  shall  pass  laws  necessary 
to  protect  the  property  of  the  wife  from  the  debts  of  the  hus¬ 
band  during  her  life,  and  for  securing  the  same  to  her  issue 
after  her  death. 


193 


Sec.  36.  Laws  shall  be  passed  by  the  General  Assembly  to 
protect  from  execution,  a  reasonable  amount  of  property  of  a 
debtor,  not  exceeding  in  value  the  sum  of  five  hundred  dol¬ 
lars. 

Sec.  37.  The  General  Assembly  shall  provide  a  simple  and 
uniform  system  of  charges  in  the  offices  of  Clerks  of  Courts 
and  Registers  of  Wills  in  the  counties  of  this  State,  and  the 
city  of  Baltimore,  and  for  the  collection  thereof;  provided,  the 
amount  of  compensation  to  any  of  said  officers  shall  not  ex¬ 
ceed  the  sum  of  twenty-five  hundred  dollars  a  year,  over  and 
above  office  expenses,  and  compensation  to  assistants  ;  and 
provided  further,  that  such  compensation  of  Clerks,  Registers, 
assistants  and  office  expenses,  shall  always  be  paid  out  of  the 
•  fees  or  receipts  of  the  offices  respectively. 

Sec.  38.  The  House  of  Delegates  shall  have  the  sole  power 
of  impeachment  in  all  cases,  but  a  majority  of  all  the  mem¬ 
bers  must  concur  in  an  impeachment;  all  impeachments  shall 
be  tried  by  the  Senate,  and  when  sitting  for  that  purpose,  the 
Senators  shall  be  on  oath  or  affirmation  to  do  justice  accord¬ 
ing  to  the  law  and  evidence,  but  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  all  the  Senators. 

Sec.  39.  The  General  Assembly  shall  pass  laws  to  sell, 
lease  or  otherwise  dispose  of  the  State’s  interest  in  the  works 
of  internal  improvement,  in  which  the  State  is  either  stock- 
•  holder  or  creditor  ;  and  to  appropriate  the  proceeds  arising 
therefrom  towards  the  payment  of  the  public  debt  of  the  State; 
and  after  the  public  debt  shall  have  been  fully  paid  off,  or  the 
sinking  fund  shall  be  equal  to  its  liquidation,  to  create  out  of 
said  proceeds  a  permanent  fund  for  the  support  of  public  edu¬ 
cation. 

Sec.  40.  The  General  Assembly  shall  pass  no  law,  nor  make 
any  appropriation  to  compensate  the  masters  or  claimants  of 
slaves  emancipated  from  servitude  by  the  adoption  of  this 
Constitution. 

Sec.  41.  No  person  shall  be  imprisoned  for  debt. 

Sec.  42.  The  General  Assembly  shall  grant  no  charter  for 
banking  purposes,  or  renew  any  banking  corporation' now  in 
existence,  except  upon  the  condition  that  the  stockholders 
shall  be  liable  to  the  amount  of  their  respective  share  or  shares 
of  stock  in  such  banking  institution  subscribed  for  and  not 
paid  in,  for  all  its  debts  and  liabilities  ppon  note,  bill  or  oth¬ 
erwise.  All  banks  shall  be  open  to  inspection  of  their  books, 
papers  and  accounts  under  such  regulations  as  may  be  pre¬ 
scribed  by  law. 

25 


* 


194 


Sec.  43.  The  General  Assembly  shall  enact  no  law  author¬ 
izing  private  property  to  be  taken  lor  public  use,  without  just 
compensation,  as  agreed  upon  between  the  parties,  or  award¬ 
ed  by  a  jury,  being  first  paid  or  tendered  to  the  party  entitled 
to  such  compensation. 

Sec.  44.  Corporations,  other  than  for  municipal  purposes, 
may  be  formed  and  created  under  general  provisions  and  re¬ 
gulations,  to  be  prescribed  by  the  General  Assembly,  and 
shall  not  he  created  by  special  act,  except  so  far  as  special 
acts  may  be  necessary  to  authorize  any  person  or  persons  to 
exercise  and  enjoy  such  corporate  rights,  franchises  and  pri¬ 
vileges.  All  laws  and  special  acts  pursuant  to  this  section, 
may  be  altered  from  time  to  time,  or  repealed  ;  provided, 
nothing  herein  contained  shall  be  construed  to  alter,  change 
or  amend,  in  any  manner,  the  article  in  relation  to  Banks. 

Sec.  45.  The  General  Assembly  shall  make  provision  for 
all  cases  of  contested  elections  of  any  of  the  officers  not 
herein  provided  for. 

Sec.  46.  The  General  Assembly  shall  pass  laws,  requiring 
the  Presidents,  Directors,  Trustees  or  Agents  of  Corpora¬ 
tions,  created  or  authorised  by  the  laws  of  this  State ;  teach¬ 
ers  or  superintendents  of  the  Public  Schools,  Colleges  or 
other  institutions  of  learning  ;  Attorneys  at  Law,  Jurors,  and 
such  other  persons  as  the  General  Assembly  shall  Trom  time 
to  time  prescribe,  to  take  the  oath  of  allegiance  to  the  United 
States,  set  forth  in  the  first  Article  in  this  Constitution. 

Sec.  47.  The  General  Assembly  shall  have  power  to  accept 
the  cession  of  any  territory  contiguous  to  this  State  from  the 
States  of  Virginia  and  West  Virginia,  or  from  the  United 
States,  with  the  consent  of  Congress  and  of  the  inhabitants 
of  such  ceded  territory  ;  and  in  case  of  such  cessions,  the 
General  Assembly  may  divide  such  territory  into  Counties, 
and  shall  provide  for  the  representation  of  the  same  in  the 
Geueral  Assembly,  on  the  basis  fixed  by  this  Constitution, 
and  may  for  that  purpose  increase  the  number  of  Senators 
and  Delegates.  And  the  General  Assembly  shall  enact  such 
laws  as  may  be  required  to  extend  the  Constitution  and  Laws 
of  this  State  over  such  territory,  and  may  create  Courts  con¬ 
formably  to  the  Constitution  for  such  territory  and  may,  for 
that  purpose,  increase  the  number  of  Judges  of  the  Court  of 
Appeals. 

FREDERICK  SCHLEY,  Chairman. 

Which  was  read  the  first  time. 

The  Order  of  the  Day,  being  the  report  of  the  majority  of 
the  Committee  on  the  Bill  of  Rights, 


#■ 


195 


Was  taken  up. 

The  question  being  on  the  amendment  of  Mr.  Briscoe,  to 
strike  out  the  word  “paramount,”  in  the  4th  section  of  the 
Report, 

After  debate  thereon, 

At  forty-five  minutes  past  one  o'clock,  the  Convention  took 
a  recess  until  half-past  four  o’clock. 


EVENING  SESSION. 


The  Convention  re-assembled  at  44  o'clock,  P.  M. 

All  the  members  present  except  the  following : 

Messrs.  Audoun,  Barron,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Bond,  Brooks,  Carter,  Clarke, 
Crawford,  Dail,  Davis,  of  Charles,  Dennis,  Dent,  Hatch, 
Henkle,  Hodson,  Hopkins,  Johnson,  Jones,  of  Cecil,  Kennard, 
Larsh,  Mace,  Markey,  May h ugh,  Morgan,  Noble,  Peter,  Pugh, 
Ridgely,  Schley,  Schlosser,  Smith,  of  Dorchester,  Stockbridge, 
Thomas,  Thruston,  Wilmer — 37. 

Mr.  Scott  submitted  the  following  order: 

Ordered,  That  the  use  of  this  Hall  be  given  to  Captain 
Calhoun  on  Friday  evening,  for  the  purpose  of  delivering 
a  lecture  on  the  subject  of  prison  life  among  the  Rebels, 

Which  was  adopted. 

Mr.  Wickard  submitted  the  following  order: 

Ordered,  That  the  various  Standing  Committees  be  reques¬ 
ted  to  report  on  the  subjects  they  may  have  under  considera¬ 
tion,  at  as  early  a  day  as  practicable, 

Which  was  adopted. 

The  Convention  resumed  the  consideration  of  the  Report 
of  the  majority  of  the  Committee  on  the  Bill  of  Rights, 

After  debate  thereon, 


\ 


196 


At  fifteen  minutes  past  five  o’  clock,  Mr.  Miller  moved  that 
the  Convention  do  now  adjourn, 

Decided  in  the  negative. 

Mr.  Daniel  moved  to  postpone  the  further  consideration  of 
the  Bill  of  Rights,  until  to-morrow  morning, 

Decided  in  the  affirmative. 

Mr.  Daniel  moved  to  take  up  for  consideration  the  Report 
of  the  Committee  on  Further  Amendments  to  the  Constitu¬ 
tion  , 

Decided  in  the  negative. 

On  motion  of  Mr.  Todd, 

At  half-past  five  o’clock,  the  Convention  adjourned. 


THURSDAY,  June  16th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following  : 

Messrs.  Audoun,  Belt,  Berry,  of  Baltimore  county,  Carter, 
Dent,  Johnson,  Mayhugh,  Schlosser,  Thruston — 9. 

The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Greene, 

It  was  ordered  to  be  entered  on  the  Journal,  that  George 
A.  Thruston  is  absent  from  his  seat  in  consequence  of  domes¬ 
tic  affliction. 

Mr.  Wickard  moved  to  reconsider  the  vote*  by  which  the 
Convention  determined  on  Monday  last  to  hold  two  sessions 
daily  until  the  close  of  the  debate  on  the  report  of  the  Com¬ 
mittee  on  the  Bill  of  Rights. 

The  question  being  on  the  adoption  of  the  motion  to  recon¬ 
sider, 


197 


Mr.  Stirling  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs.  Barron, 
Berry,  of  P.  G. 
Billingsley, 
Blackiston, 

Bond, 

Briscoe, 

Brooks, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Cunningham, 

Dail, 

Daniel, 

Davis,  of  Charles, 
Dennis, 

Duvall, 

Earle, 

Edelen, 


Messrs. 

Goldsborough,P’t 

Abbott, 

Annan, 

Baker, 

Cushing, 

Davis,  of  Wash., 
Dellinger, 

Ecker, 

Farrow, 


Affirmative. 

Gale, 

Hatch, 

Henkle, 

Holly  day, 
Hopkins, 
Hopper, 
Horsev, 

Jones,  of  Cecil, 
Jones,  of  Som. 
Kennard, 
Lansdale, 
Larsh, 

Lee, 

Mace, 

Mar  bury, 
Markey, 
Mitchell, 
Miller, 

Morgan, 

Negative. 

Galloway, 

Greene, 

Hebb, 

Hoffman, 

Keefer, 

King, 

McComas, 

Mullikin, 

Negley, 

Noble, 


Murray, 

Nyman , 

Parra  n, 

Peter, 

Purnell, 

Eidgely, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Smith,  of  Wor., 
Stockbridge, 
Swope, 

Sykes, 

Thomas, 

Turner, 

Valliant, 

Wickard, 

Wilmer, 

Wooden — 55. 


Parker, 

Pugh, 

Robinette, 

Russell, 

Sands, 

Schley, 

Scott, 

Sneary, 

Stirling, 

Todd — 30. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  question  recurring  upon  the  adoption  of  the  order  to 
hold  two  sessions  daily,  &c. , 

Mr.  Hebb  submitted  the  following  amendment : 

;  • 

Strike  out  the  words  “four  and  a  half  o’clock”  and  insert 

the  words  “three  o’clock.” 

* 


198 


Mr.  Larsh  moved  to  lay  the  amendment  on  the  table. 

The  question  being  on  the  adoption  of  the  motion  to  lay 
on  the  table, 

Mr.  Hebb  demanded  the  yeas  and  nays.  * 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs.  Barron, 
Berry,  of  P.  Geo., 
Billingsley, 
Blackiston, 

Bond, 

Briscoe, 

Brooks, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Cunningham, 

Dail, 

Daniel, 

Davis,  of  Charles, 
Dennis, 

Duvall, 

Messrs. 

Goldsborough,P’t 

Abbott, 

Annon, 

Baker, 

Cushing, 

Davis,  of  Wash., 
Dellinger, 

Ecker, 

Farrow, 

Galloway, 

Greene, 


Earle, 

Edelen, 

Gale, 

Hatch, 

Henkle, 

Holly  day, 

Hopper, 

Horsey, 

Jones,  of  Cecil, 
Jones,  of  Somerset 
Kennard, 
Lansdale, 

Larsh, 

Lee, 

Mace, 

Marbury, 

Mar  key, 

Negative. 

Hebb, 

Hoffman, 

Hopkins, 

Keefer, 

King, 

Me  Com  as, 
Mullikin, 

Neglev, 

Noble, 

Pugh, 

Purnell, 

Robinette, 


Mitchell, 

Miller, 

Morgan, 

Murray, 

Nyman, 

Parker, 

Parran, 

Peter, 

Ridgely, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Stockbridge, 
Thomas, 

Turner, 

Valliant, 

Wickard, 

Wi  lmer — 51. 


Russell, 

Sands, 

Schley, 

Scott, 

Smith,  of  Wor., 
Sneary, 

Stirling, 

Swope, 

Sykes, 

Todd, 

Wooden — 34. 


So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative; 

And  the  whole  subject  was  laid  on  the  table. 

At  half-past  ten  o’clock,  Mr.  Scott  moved  that  the  Conven¬ 
tion  do  now  adjourn. 


199 


Decided  in  the  negative. 

The  Order  of  the  Day,  being  the  report  of  the  majority 
of  the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Briscoe,  to  strike  out  the  word  “paramount,” 
in  the  fourth  article  of  the  report, 

Mr.  Chambers  gave  notice  that  when  the  vote  was  taken 
upon  the  pending  amendment,  he  would  submit  the  following 
amendment : 

Strike  out  all  after  the  word  “that,”  in  the  fourth  article 
of  the  report,  and  insert  the  words,  “the  Constitution  of  the 
United  States,  and  the  laws  made  in  pursuance  thereof,  and 
all  treaties  made  under  the  authority  of  the  United  States, 
are  the  supreme  law  of  the  land,  to  which  every  citizen  owes 
obedience,  any  thing  in  the  Constitution  or  laws  of  this  State 
to  the  contrary  notwithstanding,  and  every  citizen  is  equally 
bound  to  obey  all  orders  or  ordinances  of  those  who,  for  the 
time  being,  administer  the  Government,  so  far  as  such  ordi¬ 
nances  shall  be  in  conformity  to  the  Constitution  of  the 
United  States,  and  laws  made  pursuant  thereto.” 

At  three  o’clock,  Mr.  Chambers  moved  that  the  Conven¬ 
tion  do  now  adjourn, 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Briscoe,  to  strike  out  the  word 
“paramount,”  in  the  4th  section, 

Mr.  Miller  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


Affirmative. 


Messrs.  Belt, 


Davis,  of  Charles,  Lansdale 


Berry,  of  P.  Geo. 


Billingsley, 

Blackiston, 

Bond, 


Briscoe, 

Brown, 


Chambers 


Dennis, 

Duvall, 

Edelen, 

Gale, 


Harwood 

Henkle, 

Hodson, 


Lee, 

Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Peter, 


200 


Clarke, 

Rollyday, 

Smith,  of  Dor. 

Crawford, 

Horsey, 

Wilmer — 32. 

Dail, 

Jones,  of  Som., 

Negative. 

Messrs. 

Hoffman, 

Kidgely, 

Goldsborough,  P’t 

Hopkins, 

Robinette, 

Abbott, 

Hopper, 

Jones,  of  Cecil, 

Russell, 

Annan, 

Sands, 

Baker, 

Keefer, 

Schley, 

Barron, 

Kennard, 

Scott, 

Brooks, 

King, 

Smith,  of  Carroll, 

Cunningham, 

Larsh, 

Smith,  of  Wor., 

Cushing, 

Mace, 

Mar  key, 

Sneary, 

Daniel, 

Stirling, 

Davis,  of  Wash., 

McComas, 

Stockbridge, 

Dellinger, 

Mullikin, 

Swope, 

Earle, 

Murray, 

Sykes, 

Thomas, 

Ecker, 

Negley, 

Farrow, 

Noble, 

Todd, 

■  .  Galloway, 

Nyman, 

Parker, 

Valliant, 

Greene, 

Wickard, 

Hatch, 

Pugh, 

Purnell, 

Wooden — 55. 

Hebb, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 


Mr.  Belt  submitted  the  following  amendment: 

Strike  out  article  4  of  the  report. 

Decided  in  the  negative. 

Mr.  Chambers  submitted  the  following  amendment: 

Article  4,  strike  out  all  after  the  word  “that,”  in  the  first 
line,  and  insert  the  words  :  “The  Constitution  of  the  United 
States  and  the  laws  made  in  pursuance  thereof,  and  all  trea¬ 
ties  made  under  the  authority  of  the  United  States,  are  the 
supreme  law  of  the  land,  to  which  every  citizen  owes  obedi¬ 
ence,  anything  in  the  Constitution  or  laws  of  this  State  to  the 
contrary  notwithstanding,  and  every  citizen  is  equally  bound 
to  obey  all  orders  or  ordinances  of  those,  who  for  the  time 
being,  administer  the  Government,  so  far  as  such  orders  or 
ordinances  shall  be  in  conformity  to  the  Constitution  of  the 
United  States  and  laws  made  pursuant  thereto.” 

At  ten  minutes  past  three  o’clock,  Mr.  Miller  moved  that 
the  Convention  do  now  adjourn. 


201 


Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend 
ment  submitted  by  Mr.  Chambers, 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows : 

Affirmative. 


Messrs.  Belt, 
Berry,  of  P.  Geo. 
Billingsley, 
Blackiston, 
Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Bail, 


Davis,  of  Charles, 
Dennis, 

Duvall, 

Edelen, 

Bale, 

Harwood, 

Benkle, 

Holly  day, 

Horsey, 

Jones,  of  Som. 
Lansdale, 

Negative. 


Lee, 

Mar  bury, 
Mitchell, 

Miller, 

Morgan, 

Parran, 

Peter, 

Smith,  of  Dor., 
Turner, 

Wilmer — 32. 


Ridgely, 

Robinette, 

Russell, 

Sands, 

Schley, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Yalliant, 

Wickard, 

Wooden — 53. 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Baker, 

Barron, 

Brooks, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 

Galloway, 

Hatch, 

Hebb,  • 


Hoffman, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 

Keefer, 

Ivennard, 

King, 

Larsh, 

Mace, 

McComas, 

MuBikin, 

Murray, 

Negley, 

Noble, 

Nyman, 

Parker, 

Pugh, 

Purnell, 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Sands  moved  to  reconsider  the  order  adopted  on  Tues¬ 
day  last,  to  wit :  That  debate  on  the  4th  article  of  the  Declara¬ 
tion  of  Rights  shall  cease  at  one  o’clock  on  Thursday  next,  &c. 

26 


202 


The  question  being  on  the  adoption  of  the  motion  to  re¬ 
consider, 

Mr.  Jones,  of  Somerset  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Baker. 

Barron, 

Brooks, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 

Galloway, 

Hatch , 


Messrs.  Belt, 

Berry,  of  P.  Geo., 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Dail, 

Davis,  of  Charles, 


Affirmative. 

Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 
Keefer, 

King, 

Larsh, 

McComas, 

Mullikin. 

Murray, 

Negley, 

Noble, 

Evman, 

Parker, 

Pugh, 

Purnell, 

Negative. 

Duvall, 

Edelen, 

Gale, 

Harwood, 

Henkle, 

Holly  day, 
Horsey, 

Jones,  of  Som., 

Kennard, 

Lansdale, 

Lee, 

Mace, 


Ridgely, 

Pobinette, 

Russell, 

Sands, 

Schley, 

Scott, 

Smith,  of  Carroll, 
Smith,  ofWor. 
Sneary, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Valliant, 

W  ickard , 

Wooden — 49. 


Mar  bury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Peter, 

Smith,  of  Dor. 
Stirling, 
Stockbridge, 
Turner, 
Wilmer — 35. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  question  again  recurring  upon  the  adoption  of  the  or¬ 
der  to  close  the  debate,  &c., 

Mr.  Hebb  moved  to  lay  the  order  on  the  table. 


203 


The  question  being  on  the  adoption  of  the  motion  to  lay  on 
the  table, 

Mr.  Miller  demanded  the  yeas  and  nays. 

Tlie  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Goldsborough,  P't 
Abbott, 

Annan, 

Baker, 

Barron, 

Brooks, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 

Galloway, 

Hatch, 

Hebb, 


Messrs.  Belt, 

Berry,  of  P.  Geo., 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 

Dail, 

Davis,  of  Charles, 


Hoffman, 

Hopkins, 

Hopper, 

Jones,  of  Cecil 

Keefer, 

Kennard, 

King, 

Larsh, 

Mace, 

McComas, 

Mullikin, 

Murray, 

Negley, 

Noble, 

Nyman, 

Parker, 

Pugh, 

Purnell, 

Negative. 

Dennis, 

Duvall, 

Edelen, 

Gale, 

Harwood, 

Henkle, 

Hollyday, 

Horsey, 

Jones,  of  Som., 
Lansdale, 

Lee, 


Ridgely, 

Robinette, 

Russell, 

Sands, 

Schley, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Yalliant, 

Wickard, 

Wooden — 52. 


Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Peter, 

Smith,  of  Dor., 
Stockbridge, 
Turner, 
Wilmer — 32. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Barron  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?'1 


204 


It  was  decided  in  the  affirmative. 

At  lialf-past  three  o’clock, 

Mr.  Davis  moved  that  the  Convention  do  now  adjourn, 
Decided  in  the  negative. 

The  question  then  recurring  upon  the  adoption  of  the  4th 
Article  of  the  Report  of  the  majority  of  the  Committee  on 
the  Bill  of  Rights. 


Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays 

were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs. 

Hoffman, 

Ridgely, 

Goldsborough,  P’t 

Hopkins, 

Robinette, 

Abbott, 

Hopper, 

Russell, 

Annan, 

Jones,  of  Cecil, 

Sands, 

Baker, 

Keefer, 

Schley, 

Barron, 

Kennard, 

Scott, 

Brooks, 

King, 

Smith,  of  Carroll. 

Cunninghan, 

Larsh, 

Smith,  of  Wor., 

Cushing, 

Mace, 

Sneary, 

Stirling, 

Daniel, 

Me  Co  mas. 

Davis,  of  Wash., 

Mull  i  kin, 

Stockbridge,- 

Dellinger, 

Murray, 

Swope, 

Earle, 

Negley, 

Sykes, 

Ecker, 

Noble, 

Thomas, 

Farrow, 

Nyman, 

Todd, 

Galloway, 

Parker, 

Yalliant, 

Hatch, 

Pugh, 

Wickard, 

Hebb, 

Purnell, 

Negative. 

Wooden — 53. 

Messrs.  Belt, 

Davis,  of  Charles, 

Lee, 

Berry,  of  P.  Geo., 

Dennis, 

Duvall, 

Marbury, 

Billingsley, 

Mitchell, 

Blackiston, 

Edelen, 

Miller, 

Bond, 

Gale, 

Morgan, 

Briscoe, 

Harwood, 

Parran, 

Brown, 

Chambers, 

Henkle, 

Peter, 

Hollyday, 

Smith,  of  Dor., 

Clarke, 

Horsey, 

Turner, 

Crawford, 

Dail, 

Jones,  of  Som. 
Lansdale, 

Wilmer — 32. 

205 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

On  motion  of  Mr.  Valliant, 

At  forty  minutes  past  three  o’clock,  the  Convention  ad¬ 
journed. 


FRIDAY,  June  17th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following : 

Messrs.  Berry,  of  Baltimore  county,  Brooks,  Daniel,  Dent, 
Harwood,  Henkle,  Hodson,  Johnson,  Kennard,  Markey, 
Mayhugh,  Schlosser,  Swope,  Thomas,  Thruston — 15. 

The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Wooden, 

It  was  ordered  to  be  entered  on  the  Journal,  that  Dr.  John 
Swope,  of  Carroll  county,  is  absent  from  his  seat  on  account 
of  illness  in  his  family. 

On  motion  of  Mr.  Todd, 

Collins  Tatman,  (Folder,)  was  allowed  leave  of  absence 
for  a  few  days. 

On  motion  of  Mr.  Audoun, 

It  was  ordered  to  be  entered  on  the  Journal,  that  if  Mr. 
Audoun  had  been  present  on  Thursday,  June  16,  he  would 
have  voted  against  all  amendments  that  were  offered  to  the 
fourth  Article  of  the  Declaration  of  Rights,  and  that  he 
would  have  voted  for  the  article  as  reported  by  the  Com¬ 
mittee. 

The  Order  of  the  Day,  being  the  Report  of  the  majority 
of  the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 


206 


The  Convention  proceeded  with  the  consideration  of  the 
twenty-third  Article  of  the  Report. 

Mr.  Purnell  moved  a  call  of  the  Convention  ; 


The  call  being  sustained, 

The  roll  was  call,  and  the  following  members  responded: 


Messrs  Goldsborough,  (President,)  Abbott,  Annan,  Au- 
doun,  Baker,  Barron,  Berry,  of  Prince  George's,  Blackiston, 
Bond,  Briscoe,  Brown,  Chambers,  Crawford,  Cunningham, 
Cushing,  Bail,  Davis,  of  Charles,  Dellinger,  Dennis,  Duvall, 
Earle,  Ecker,  Edelen,  Farrow,  Gale,  Galloway,  Hebb, 
Henkle,  Hoffman,  Hollyday,  Hopkins,  Hopper,  Horsey, 
Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Lansdale,  Lee, 
Mace,  Mar  bury,  McComas,  Mitchell,  Miller,  Morgan,  Mulli- 
kin,  Murray,  Kegley,  Parker,  Parran,  Peter,  Pugh,  Purnell, 
Ridgely,  Robinett,  Russell,  Sands,  Scott,  Smith,  of  Carroll, 
Smith,  of  Dorchester,  Smith,  of  Worcester,  Sneary,  Stirling, 
Stockbridge,  Sykes,  Todd,  Turner,  Yalliant,  Wilmer, 
Wooden — 69. 

On  motion  of  Mr.  Hebb, 

Further  proceedings  under  the  call  were  dispensed  with. 

At  one  o'clock,  Mr.  Henkle  moved  that  the  Convention  do 
now  adjourn; 


The  question  being  on  the  adoption  of  the  motion  to  ad¬ 
journ, 

Mr.  Hebb  demanded  the  yeas  and  nays. 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

« 

Affirmative. 


Messrs. 

Berry,  of  P.  G., 
Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Crawford, 

Davis,  of  Charles, 
Dennis, 


Duvall, 

Edelen, 

Gale, 

Greene, 

Henkle, 
Hollyday, 
Jones,  of  Som., 
Lansdale, 

Lee, 


Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Peter, 

Smith,  of  Dor., 
Turner, 

Wilmer — 27. 


207 


Negative. 


Messrs. 

Hebb, 

Ridgely, 

Goldsborough  P’t, 

Hoffman, 

Robinette, 

Abbott, 

Hopkins, 

Russell, 

Annan, 

Audoun, 

Hopper, 

Sands, 

Horsey, 

Schley, 

Baker, 

Jones,  of  Cecil, 

Scott, 

Barron, 

Keefer, 

Smith,  of  Carroll, 

Carter, 

King, 

Smith,  of  Wor., 

Cunningham, 

Mace, 

Sneary, 

Cushing, 

Me  Co  mas. 

Stirling, 

Dail, 

Mullikin, 

Stockbridge, 

Davis,  of  Wash., 

Murray, 

Sykes, 

Dellinger, 

Negley, 

Todd, 

Earle, 

Noble, 

Valliant, 

Ecker, 

Parker, 

Wickard, 

Wooden — 49. 

Farrow, 

Galloway, 

Pugh, 

Purnell, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

The  Convention  resumed  the  consideration  of  the  Bill  of 
Bights. 

After  debate  thereon, 

At  fifteen  minutes  past  two  o’clock,  Mr.  Mace  moved  that 
the  Convention  do  now  adjourn, 

Decided  in  the  negative. 

Mr.  Ridgely  moved  that  when  the  Convention  adjourn, 
it  stands  adjourned  until  Monday  next  at  12  o’clock. 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Ecker  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


Affirmative. 


3ssrs.  Belt, 

Edelen, 

Mar  bury, 

Berry,  of  P.  Geo., 

Gale, 

Mitchell, 

Blackiston, 

Hatch, 

Miller, 

Bond, 

Henkle, 

Morgan, 

Briscoe, 

Hollyday, 

Par  ran, 

Brown, 

Hopkins, 

Peter, 

Chambers, 

Horsey, 

Ridgely, 

208 


Clarke, 

Jones,  of  Cecil, 

Sands, 

Crawford, 

Jones,  ofSom., 

Schley, 

Dail, 

Lansdale, 

Smith,  of  Dor., 

Davis,  of  Charles, 

Larsh, 

Todd, 

Dennis, 

Lee, 

Turner, 

Duvall, 

Mace, 

Negative. 

Wilmer — 39. 

Messrs. 

Greene, 

Pugh, 

Goklsborough,  P’t 

Hebb, 

Purnell, 

Abbott, 

Hoffman, 

Robinette, 

Baker, 

Hopper, 

Russell. 

* 

Carter, 

Keefer, 

Scott, 

Cunningham, 

King, 

Smith,  of  Wor., 

Cushing, 

McComas, 

Sneary, 

Davis,  of  Wash., 

Mullikin, 

Stirling, 

Dellinger, 

Murray, 

Stockbridge, 

Earle, 

Negley, 

Sykes, 

Ecker, 

Noble, 

Yalliant, 

Narrow, 

Nyman, 

Wickard, 

Galloway, 

Parker, 

Wooden — 38. 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

Messrs.  Peter  and  Todd  were  excused  from  attending  the 
sessions  of  the  Convention  for  a  few  days. 

On  motion  of  Mr.  King, 

At  thirty  minutes  past  two  o’clock,  the  Convention  ad¬ 
journed. 


MONDAY,  June  20th,  1864. 

The  Convention  met  at  12  o’clock,  M. 

Prayer  by  the  Pev.  Mr.  Owen. 

All  the  members  present  except  the  following: 

Messrs.  Brooks,  Dail,  Dellinger,  Dennis,  Dent,  G-ale, 
Greene,  Johnson,  Jones,  of  Cecil,  Landsdale,  Larsh,  Mace, 


201) 


Markey,  Mayhugh,  Mullikin,  Negley,  Noble,  Peter,  Ridgely, 
Schley,  Schlosser,  Smith,  of  Carroll,  Swope,  Thruston,  Todd, 
Turner,  Wilrner — 27. 

The  proceedings  of  Friday  were  read  and  approved. 

Mr.  Hatch  submitted  the  following  order: 

Ordered,  That  the  Committee  on  the  Judiciary  be  instruct¬ 
ed  to  inquire  into  the  expediency  of  inserting  in  the  Consti¬ 
tution  an  article  providing  “that  no  officer  of  the  Federal  or 
State  Government  shall  he  held  responsible  for  any  act  done 
by  him  under  the  authority  of  the  Federal  Government,  pro¬ 
vided  said  act  is  in  conformity  with  such  authority;” 

Which  was  rejected. 

On  motion  of  Mr.  Clarke,  (seconded  by  Messrs.  Chambers 
and  Miller,) 

The  vote  last  taken  was  reconsidered. 

The  question  recurring  upon  the  adoption  of  the  order, 

9 

It  was  decided  in  the  affirmative. 

Mr.  Hollyday,  from  a  minority  of  the  Committee  on  the 
Legislative  Department,  submitted  the  following 

REPORT: 

The  Undersigned,  the  minority  of  the  Committee  on  the 
Legislative  Department,  respectfully  beg  leave  to  Report, 
that  they  dissent  from  the  Report  of  the  Majority  of  said 
Committee  made  to  the  Convention,  in  the  following  parti¬ 
culars,  viz : 

First — The  undersigned  recommend,  instead  of  the  40th 
section  of  the  Majority  Report,  the  adoption  of  the  following 
section,  viz  : — The  General  Assembly  shall  have  power  to 
pass  such  laws,  and  make  such  appropriations,  as  may  be 
necessary  to  compensate  owners  of  such  slaves  as  shall  be 
emancipated  from  servitude  by  the  adoption  of  this  Constitu¬ 
tion. 

The  undersigned  also  differ  with  the  majority,  as  to  the 
propriety  of  adopting  the  46th  and  47th  sections  as  reported, 
and  they  recommend  that  those  sections  be  rejected. 

Respectfully  submitted, 

Geo.  J.  Hollyday, 

W.  H.  Gale, 

John  Turner. 

Which  was  read. 

27 


210 


The  Order  of  the  Day,  being  the  Report  of  the  majority  of 
the  Committee  on  the  Bill  of  Rights, 

•  ^  i  •  j  *  i  t  l 

Was  taken  up. 

The  Convention  resumed  the  consideration  of  the  twenty- 
third  Article  of  the  Report. 

Mr.  Clarke  submitted  the  following  amendment: 

Amend  by  striking  out  all  after  the  word  “that,”  in  line 
1st,  and  insert  “from  and  after  the  first  day  of  January 
1865,  there  shall  in  this  State  be  neither  slavery  nor  involun¬ 
tary  servitude,  except  in  punishment  of  crime,  whereof  the 
party  shall  have  been  duly  convicted,  and  all  persons  held  to 
service  or  labor  as  slaves  are  hereby  declared  free  from  and 
after  the  first  day  of  January  1865,  provided  the  Congress  of 
the  United  States  shall,  before  the  first  day  of  January  1865, 
make  an  appropriation  to  the  State  of  Maryland,  of  not  less 
than  twenty  millions  of  dollars,  to  aid  the  State  of  Maryland 
in  providing  compensation  to  the  owners  of  slave  property, 
and  the  Secretary  of  the  Treasury  of  the  United  States  shall  * 
certify  to  the  Governor  of  this  State  that  the  said  sum  of 
money  is  subject  to  the  draft  of  the  Treasurer  of  the  State  of 
Maryland,  to  be  disposed  of  by  the  Legislature  of  the  State,  to 
pay  the  owners  of  slaves  for  their  slaves  hereby  declared  free; 
and  provided  further,  that  unless  Congress  shall  make  the 
said  appropriation  as  hereinbefore  provided,  this  section  shall 
be  null  and  void,  and  it  is  hereby  declared  that  it  shall  be  of 
no  effect  whatever;”  * 

Pending  which, 

On  motion  of  Mr.  Daniel, 

At  3  o’clock,  P.  M.,  the  Convention  adjourned. 


TUESDAY,  June  21st,  1864. 


The  Convention  met  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  Members  present  except  the  following  : 

Messrs.  Belt,  Brooks,  Clarke,  Dail,  Dellinger,  Dent,  Hen- 
kle,  Lansclale,  Mayhugh,  Negley,  Noble,  Peter,  Ridgely, 
Schley,  Swope,  Thomas,  Thruston,  Todd,  Wilrner — 19. 

The  proceedings  of  yesterday  were  read  and  approved. 

The  Order  of  the  Day,  being  the  Report  of  the  majority  of 
the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

The  question  being  on  the  amendment  submitted  by  Mr. 
Clarke,  to  the  23d  article  of  the  report; 

After  debate  thereon, 

Mr.  Abbott  moved  that  the  Convention  fake  a  recess  until 
half-past  four  o’clock, 

Mr.  Stirling  moved  to  amend  by  striking  out  “half-past 
four,”  and  inserting  “half-past  seven;” 

The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Stirling, 

Mr.  Hebb  demanded  the  yeas  and  nays. 


The  demand  being  sustained, 


The  yeas  and  nays 

were  called,  and 

Affirmative. 

appeared  as  follows  : 

Messrs. 

Galloway, 

Purnell, 

Goldsborough,  Pt. 

Greene, 

Robinette, 

Abbott, 

Hebb, 

Russell, 

Annan, 

Hoffman, 

Sands, 

Baker, 

Hollvday, 

Schlosser, 

Berry,  of  Balt,  co., 

Hopkins, 

Scott, 

Brown, 

Hopper, 

Kennard, 

Smith,  of  Carroll, 

Carter, 

Smith,  of  Wor., 

Cunningham, 

King, 

Sneary, 

Daniel, 

McComas, 

Stirling, 

Davis,  of  Wash., 

Mullikin, 

Stockbridge, 

212 


Earle, 

Ecker, 

Farrow, 


Murray, 

Parker, 

Pugh, 


Sykes, 
Yalliant, 
Wooden — 41 . 


Negative. 


Messrs.  Audoun, 
Barron, 

Berry,  of  P.  Geo., 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Chambers, 

Crawford, 


Edelen, 

Gale, 

Harwood, 

Hatch, 

Hodson, 
Horsey, 
Johnson, 
Jones,  of  Cecil, 
Jones,  of  Som. 


Mace, 
Mar  bury, 
Markey, 


Mitchell, 
Miller, 
Morgan, 
Nyman, 
Par  ran, 


Smith,  of  Dor., 
Turner, 


Davis,  of  Charles,  Larsh 


Dennis, 

Duvall, 


Lee 


Wickard — 34. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

And  the  Convention  took  a  recess  until  half-past  seven 
o’clock. 


EVENING  SESSION. 


The  Convention  re-assembled  at  H  o’clock,  P.  M. 

All  the  members  present  except  the  following : 

Messrs.  Audoun,  Barron,  Belt,  Briscoe,  Brooks,  Clarke,' 
Crawford,  Dail,  Davis,  of  Charles,  Dellinger,  Dennis,  Dent, 
Hatch,  Hodson,  Horsey,  Johnson,  Jones,  of  Cecil,  Jones, 
of  Somerset,  Keefer,  Kennard,  Lansdale,  Larsh,  Mace, 
Markey,  Mayhugh,  Negley,  Noble,  Peter,  Ridgely,  Smith, 
of  Dorchester,  Swope,  Thomas,  Thruston,  Todd,  Valliant, 
Wickard,  Wilmer — 37. 

The  Convention  resumed  the  consideration  of  the  Report 
of  the  Committee  on  the  Bill  of  Rights. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Clarke,  to  the  23d  Article  of  the  report ; 


213 


After  debate  thereon, 

On  motion  of  Mr.  Henkle, 

At  fifteen  minutes  past  nine  o’clock,  the  Convention  ad¬ 
journed. 


\ 


WEDNESDAY,  June  22d,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar, 

All  the  members  present  except  the  following  : 

Messrs.  Belt,  Brooks,  Clarke,  Dail,  Daniel,  Dellinger, 
Dent,  Hatch,  Jones,  of  Somerset,  Kennard,  Lansdale,  Mace, 
Mayhugh,  Noble,  Peter,  Swope,  Todd,  Wilmer — 18. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Scott  submitted  the  following  order  : 

Ordered,  That  immediately  after  its  final  action  on  the 
Declaration  of  Rights,  the  Convention  adjourn  till  twelve 
o’clock  on  the  sixth  of  July,  and  that  until  said  adjournment 
the  Convention  hold  evening  sessions,  commencing  at  eight 
o’clock,  P.  M. 

Mr.  Brown  submitted  the  following  amendment : 

Strike  out  all  after  the  word  “ordered,”  and  insert  “That 
when  the  Convention  adjourns  to-morrow,  it  shall  stand  ad¬ 
journed  until  the  6th  day  of  July  next,  and  that  the  per 
diem  of  the  members  and  officers  be  suspended  during  said 
recess  ; 

The  question  being  upon  the  adoption  of  the  amendment, 

Mr.  Hebb  moved  to  lay  it  on  the  table ; 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 


214 


The  yeas  and  nays  were  called  and  appeared  as  follows: 

Affirmative. 


Messrs. 

Galloway, 

Robinette, 

Goldsborough,P’t 

Greene, 

Russell, 

Abbott, 

Hebb, 

Sands, 

Annan, 

Hoffman, 

Schley, 

Audoun, 

Hopkins, 

Schlosser, 

Baker, 

Hopper, 

Smith,  of  Carroll, 

Barron, 

Berry,  of  Balt.  co. 

Keefer, 

Sneary, 

Mar  key, 

Stirling, 

Carter, 

McComas, 

Stockbridge, 

Cunningham, 

Mullikin, 

Sykes, 

Thomas, 

Cushing, 

Murray, 

Daniel, 

Negley, 

Thruston, 

Davis,  of  Wash., 

Nyman, 

Valliant, 

Earle, 

Parker, 

Wickard, 

Ecker, 

Farrow, 

Purnell, 

Ridgely, 

Negative. 

Wooden — 46. 

Messrs. 

Duvall, 

Larsh, 

Berry,  of  P.  G. 

Edelen, 

Lee, 

Billingsley, 

Gale, 

Marbury, 

Blackiston, 

Harwood, 

Mitchell, 

Bond, 

Henkle, 

Miller, 

Briscoe, 

Hodson, 

Morgan, 

Brown, 

Hollyday, 

Par  ran, 

Chambers, 

Horsey, 

Scott, 

Crawford, 

Johnson, 

Smith,  of  Dor., 

Davis,  t)f  Charles, 

Jones,  of  Cecil, 

Smith,  of  Wor., 

Dennis, 

T\  1  n  cr 

Turner — 32. 

So  the  whole  subject  was  laid  on  the  table. 
On  motion  of  Mr.  Davis, 


It  was  ordered  to  be  entered  on  the  Journal  that  the  ab¬ 
sence  of  H.  W.  Dellinger  from  his  seat  in  the  Convention,  is 
caused  by  sickness. 

Mr.  Duvall  submitted  the  following  order: 

Ordered,  That  the  Judiciary  Committee  be  instructed  to 
inquire  into  the  expediency  of  incorporating  a  provision  in 
the  Constitution  requiring  the  Legislature  at  each  regular 
Session,  to  provide  for  a  codification,  under  their  appropriate 
heads,  all  decisions  of  the  Court  of  Appeals  wherein  the 
principles  of  common  law  have  been  recognized  as  the  law  of 
this  State ; 


215 


Which  was  adopted. 

The  Order  of  the  Day,  being;  the  report  of  the  majority  of 
the  Committee  on  the  Bill  of  Rights, ' 

Was  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Clarke,  to  the  23d  Article  of  the  Report, 

Mr.  Berry,  of  Prince  George’s,  (by  general  consent,)  with¬ 
drew  the  amendment. 

Mr.  Berry,  of  Prince  George’s,  moved  a  call  of  the  Con¬ 
vention  ; 

The  call  being  sustained, 

The  roll  was  called,  and  the  following  gentlemen  re¬ 
sponded  : 

Messrs.  Goldsborougli,  (President,)  Abbott,  Annan,  Au- 
doun,  Baker,  Barron,  Berry,  of  Baltimore  county,  Berry,  of 
Prince  George’s,  Billingsley,  Blackistone,  Bond,  Briscoe, 
Brown,*  Carter,  Chambers,  Crawford,  Cunningham,  Cushing, 
Daniel,  Davis,  of  Charles,  Davis,  of  Washington,  Dennis, 
Duvall,  Earle,  Eeker,  Edelen,  Farrow,  Gale,  Galloway, 
Greene,  Harwood,  Idebb,  Henkle,  Hodson,  Hoffman,  Holly- 
day,  Hopkins,  Hopper,  Horsey,  Johnson,  Jones,  of  Cecil, 
Keefer,  King,  Larsh,  Lee,  Marbury,  Markey,  McComas, 
Mitchell,  Miller,  Morgan,  Mullikin,  Murray,  Negley,  Ny¬ 
man,  Parker,  Parran,  Purnell,  Ridgely,  Robinette,  Russell, 
Sands,  Schley,  Schlosser,  Scott,  Smith,  of  Carroll,  Smith,  of 
Dorchester,  Smith,  of  Worcester,  Sneary,  Stirling,  Stock- 
bridge,  Sykes,  Thomas,  Thruston,  Turner,  Valliant,  Wick- 
ard,  Wooden — 78. 

On  motion  of  Sands, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  Convention  resumed  the  consideration  of  the  23d 
Article  of  the  Bill  of  Rights. 

After  debate  thereon, 

At  half-past  two  o’clock,  Mr.  Stirling  moved  that  the  Con¬ 
vention  take  a  recess  until  this  evening  at  eight  o’clock  ; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Hebb  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 


216 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Goldsborougli,  P’t 
Abbott, 

Annan, 

Baker, 

Cunningham, 

Daniel, 

Davis,  of  Wash. 
Earle, 

Ecker, 

Farrow, 

Galloway, 

Greene, 

Hebb, 

Messrs.  Audoun, 
Berry,  of  Balt  co., 
Berry,  of  P.  G., 
Billingsley, 
Blackiston, 

Bond, 

Briscoe, 

Brown, 

Carter, 

Chambers, 

Clarke, 

Crawford, 


Affirmative. 

• 

Hoffman, 

Hopkins, 

Hopper, 

Keefer, 

Ivins, 

Markey, 

McComas, 

Mullikin, 

Murray, 

Negley, 

Nyman, 

Parker, 

Purnell, 

Negative. 

Davis,  of  Charles, 
Dennis, 

Duvall, 

Edelen, 

Gale, 

Harwood, 

Henkle, 

Hoi  lyd  ay, 

Horsey, 

Johnson, 

Jones,  of  Cecil, 


Robinette, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Sykes, 

Valliant, 

Wooden — 39. 


Larsh , 

Lee, 

Marbury,  * 
Mitchell, 

Miller, 

Morgan, 

Parran, 

Ridgely, 

Smith,  of  or., 
Turner, 
Wickard — 34. 


So  the  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

* 

The  Convention  re-assembled  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Audoun,  Barron,  Belt,  Brooks,  Carter,  Chambers, 
Crawford,  Dail,  Davis,  of  Charles,  Dellinger,  Dennis,  Dent, 


217 


Gale,  Hatch,  Henkle,  Hodson,  Hoffman,  Hopkins,  Johnson, 
Jones,  of  Cecil,  Jones,  of  Somerset,  Kennard,  Lansdale,  ' 
Larsh,  Mace,  Mayhugh,  Noble,  Parran,  Peter,  Smith,  of 
Dorchester,  Swope,  Thomas,  Todd,  Yalliant,  Wickard,  Wil- 
mer,  Wooden. — 37. 

The  Convention  resumed  the  consideration  of  the  Report 
submitted  by  Mr.  Stirling,  from  the  Committee  on  the  Decla¬ 
ration  of  Rights  ; 

After  debate  thereon, 

On  motion  of  Mr.  Stirling, 

At  fifteen  minutes  past  10  o’clock,  the  Contention  ad¬ 
journed. 


THURSDAY,  June  23,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following  : 

Messrs.  Belt,  Brooks,  Dail,  Dellinger,  Dennis,  Dent, 
Edelen,  Henkle,  Hoffman,  Jones,  of  Somerset,  Lansdale, 
Mace,  Mayhugh,  Morgan,  Noble,  Swope,  Todd,  Yalliant, 
Wilmer — 19. 

The  proceedings  of  yesterday  were  read  and  approved.  - 
On  motion  of  Mr.  Mulliken, 

It  was  ordered  to  be  entered  on  the  Journal,  that  James 
Yalliant  of  Talbot,  is  absent  from  his  seat  in  this  body  on 
account  of  business  in  Baltimore  as  chairman  of  the  Commit¬ 
tee  on  Reporting  and  Printing. 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

Mr.  Belt,  was  granted  leave  of  absence  until  Saturday 
next. 


28 


218 


Mr.  Chambers  moved  to  take  from  the  table  the  order  sub¬ 
mitted  yesterday  in  reference  to  adjournment ; 

Decided  in  the  affirmative. 

The  question  then  being  on  the  amendment  submitted  by 
Mr.  Brown,  to  the  order  submitted  by  Mr.  Scott, 

Mr.  Berry,  of  Prince  George’s  moved  a  division  of  the  ques¬ 
tion, 

Which  was  sustained. 

The  question  then  being  on  the  adoption  of  the  first  clause 
of  tbe  amendment,  to  wit:  that  when  the  Convention  adjourns 
to-morrow,  it  stands  adjourned  until  the  6th  day  of  July 
next. 

Mr.  Daniel  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Goldsborough,  P’t 
Berry,  of  P.  Geo., 
Billingsley, 
Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Davis,  of  Charles, 


Duvall, 

Gale, 

Harwood, 

Hodson, 

Holly  day, 
Hopkins, 
Horsey, 
Johnson, 

Jones,  of  Cecil, 
King, 

Larsh, 

Lee, 


Marbury, 

Mitchell, 

Miller, 

Parran, 

Peter, 

Purnell, 

Eidgely, 

Smith,  of  Dor. 
Smith,  of  Wor. 
Thomas, 
Turner — 34. 


Negative. 


Messrs.  Abbott, 


Annan, 

Audoun, 

Baker, 

Barron, 

Carter, 


Davis,  of  Wash., 
Earle, 


Cushing, 

Daniel, 


Cunningham, 


Greene, 

Hatch , 

Hebb, 

Hopper, 

Keefer, 

Ivennard, 

Markey, 

McComas, 

Mullikin. 

Murray, 

Negley, 


Robinette, 

Russell , 

Sands, 

Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll 
Sneary, 

Stirling, 

Stockbridge, 

Sykes, 


219 


Ecker,  Wyman,  Thruston, 

Farrow,.  Parker,  Wickard, 

Galloway,  Pugh,  Wooden — 41. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

The  question  then  recurring  upon  the  adoption  of  the 
latter  clause  of  the  Article, 

On  motion  of  Mr.  Abbott, 

The  subject  was  laid  on  the  table. 

The  Order  of  the  Day  being  the  Eeport  of  the  majority 
of  the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

The  Convention  resumed  the  consideration  of  the  twenty- 
third  Article  of  the  Report. 

Mr.  Brown  submitted  the  following  amendment: 

Add  to  the  23d  Article,  the  following  :  “and  the  Legisla¬ 
ture  shall  make  provision  from  the  Treasury  of  the  State  for 
the  comfortable  support  and  maintenance  of  the  helpless  and 
paupers  hereby  emancipated;” 

After  debate  thereon, 

At  five  minutes  past  two  o'clock,  Mr.  Chambers  moved 
that  the  Convention  do  now  adjourn, 

The  question  being  on  the  adoption  of  the  motion  to  ad¬ 
journ, 

Mr.  Sands  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Goldsborough  P’t, 
Audoun, 

Barron, 

Berry,  of  P.  G., 
Billingsley, 

B1  acids  ton, 

Bond, 

Briscoe, 


Affirmative. 

Crawford, 

Davis,  of  Charles, 
Duvall, 

Earle, 

Gale, 

Harwood, 

Hollyday, 

Horsey, 

Johnson, 


Miller, 

Wyman, 

Parr  an, 

Peter, 

Pugh, 

Purnell, 
Ridgely, 
Smith,  of  Dor. 
Stockbridge, 


220 


Brown, 

King, 

Thomas, 

Chambers, 

Lee, 

Turner — 34 

Glarke, 

Mitchell , 

Negative. 


Messrs.  Abbott, 

Hopkins, 

Russell, 

Annan, 

Hopper, 

Sands, 

Baker, 

Jones,  of  Cecil, 

Schley, 

Carter, 

Keefer, 

Schlosser, 

Cunningham, 

Kennard, 

Scott, 

Cushing, 

Larsh, 

Smith,  of  Carroll, 

Daniel, 

Marbury, 

Smith,  of  Wor. , 

Davis,  of  Wash. 

,  Markey, 

Sneary, 

Ecker, 

McComas, 

Stirling, 

Farrow, 

Galloway, 

Mullikin, 

Sykes, 

Murray, 

Thruston, 

Greene, 

Negley, 

Wickard, 

Hatch, 

Parker, 

Wooden — 41. 

Plebb, 

So  the  question 

Robinette, 
upon  its  adoption 

was  decided  in  the 

negative. 

On  motion  of  Mr.  Thomas, 

The  Convention  took  a  recess  until  S 

o’clock. 

EVENING  SESSION. 

The  Convention  re-assembled  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

Messrs,  Barron,  Belt,  Bond,  Brooks,  Clarke,  Crawford, 
Dail,  Davis,  of  Charles,  Dellinger,  Dennis,  Dent.  Gale,  Hatch, 
Henkle,  Hodson,  Hoffman,  Horsey,  Johnson,  Jones,  of  Cecil, 
Jones,  of  Somerset,  Lansdale,  Larsh,  Mace,  Markey,  May- 
liugh,  Miller,  Morgan,  Noble,  Ridgely,  Smith,  of  Dorchester, 
Smith,  of  Worcester,  Stirling,  Swope,  Todd,  Valliant,  Wick- 
ard,  Wilmer — 37. 

Mr.  Hebb  submitted  the  following  order: 


221 


Ordered,  That  debate  on  the  23d  Article  of  the  Bill  of 
Rights  shall  be  closed  to-morrow  at  2  o’clock,  P.  M.,  when 
the  vote  shall  be  taken  on  the  pending  amendment,  and  the 
Article  under  consideration; 

Mr.  Thomas  submitted  the  following  amendment: 

Strikeout  the  words  ‘To-morrow, ”  and  insert  the  words 
“Saturday;’  * 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Sands  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Duvall, 

Negley, 

Berry,  of  Balt.  co. 

Edelen, 

Nyman, 

Parker, 

Billingsley, 

Blackiston, 

Hollyday, 

Hopkins, 

Parran, 

Briscoe, 

Keefer, 

Peter, 

Brown, 

Lee, 

Sands, 

Carter, 

Marbury, 

Sykes, 

Clarke, 

Mitchell, 

Thomas, 

Cunninghan, 

Miller, 

Negative. 

Turner — 26. 

Messrs. 

Farrow, 

Galloway, 

Purnell, 

Goldsborough,  P’t 

Robinette, 

Abbott, 

Greene, 

Russell, 

Annan, 

Hebb, 

Schley, 

Audoun, 

Hopper, 

Schlosser, 

Baker, 

Kennard, 

Scott, 

Cushing, 

King, 

Smith,  of  Carroll. 

Daniel, 

McComas, 

Sneary, 

Davis,  of  Wash., 

Mullikin, 

Stockbridge, 

Earle, 

Murray, 

Thruston, 

Ecker, 

Pugh, 

Wooden — 32. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


The  question  then  recurring  upon  the  adoption  of  the  or¬ 
der  submitted  by  Mr.  Hebb, 

Mr.  Davis  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 


222 


The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative, 


Messrs. 

Farrow, 

Galloway, 

Pugh, 

Goldsborough,  P’t 

Purnell, 

Abbott, 

Greene, 

Robinette, 

Annan, 

Harwood, 

Russell, 

Audoun, 

Hebb, 

Hopper, 

Sands, 

Baker, 

Schley, 

Berry,  of  Balt.  co. 

Keefer, 

Schlosser, 

Berry,  of  P.  Geo., 

Kennard, 

Scott, 

Cunningham, 

King, 

Smith,  of  Carroll, 

Cushing, 

Mar  bury, 

Sneary, 

Daniel, 

McComas, 

Stockbridge, 

Davis,  of  Wash,, 

Mullikin, 

Thomas, 

Earle, 

Murray, 

Thruston, 

Wooden — 41. 

Ecker, 

Hyman, 

Negative. 

Messrs.  Billingsley, 

Edelen, 

Hollyday, 

Negley, 

Blackiston, 

Parker, 

Briscoe, 

Hopkins, 

Par  ran, 

Brown, 

Carter, 

Lee, 

Peter, 

Mitchell, 

Sykes, 

Clarke, 

Duvall, 

*  Miller, 

Turner — 19. 

So  the  question  1 
affirmative. 

upon  its  adoption 

was  decided  in  the 

The  Convention  then  resumed  the 

consideration  of  the 

Report  of  the  majority  of  the  Committee 

on  the  Bill  of  Rights. 

The  question  being  on  the  amendment  submitted  by  Mr. 
Brown,  to  the  23d  Article  of  the  Report ; 

After  debate  thereon, 


Mr.  Kennard  moved  that  when  this  Convention  adjourns 
it  adjourn  to  meet  at  nine  o’clock  to-morrow  morning, 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Pugh, 

He  was  granted  leave  of  absence  from  the  Convention. 

On  motion  of  Mr.  Purnell, 

At  fifteen  minutes  past  eleven  o’clock,  the  Convention  ad¬ 
journed. 


223 


FRIDAY,  June  24th,  1864. 

The  Convention  met  at  9  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Belt,  Bond,  Brooks,  Dellinger,  Dent, 
Henkle,  Hodson,  Hoffman,  Jones,  of  Somerset,  Mayhugh, 
Morgan,  Noble,  Pugh,  Smith,  of  Worcester,  Swope,  Todd, 
Wilmer — 1 8. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Audoun  submitted  the  following  order  : 

« 

Ordered,  That  the  Committee  on  the  Judiciary  be  and 
they  are  hereby  requested  to  inquire  into  the  expediency  of 
authorizing  the  several  Orphans’  Courts  of  this  State  to  rati¬ 
fy  and  confirm  the  sale  of  real  estate,  as  fully  as  any  Court 
of  Equity  could  do,  in  all  cases  of  intestacy  where  the  per¬ 
sonal  estate  is  not  sufficient  to  pay  the  debts  of  the  intestate  ; 
and  also,  in  all  cases  where  the  sale  of  real  estate  belonging 
to  wards  under  the  care  of  the  Orphans’  Courts,  may  be 
deemed  to  he  to  the  advantage  of  any  such  ward  or  wards. 

Which  was  adopted. 

It  was  ordered  to  he  entered  on  the  Journal,  that  R.  W. 
Todd,  of  Caroline  county,  is  absent  from  his  seat  in  the 
Convention  on  account  of  sickness. 

The  Order  of  the  Day,  being  the  Report  of  the  majority 
of  the  Committee  on  the  Bill  of  Rights, 

Was  taken  up. 

The  question  being  on  the  amendment  submitted  by  Mr. 
Brown  to  the  23d  Article  of  the  Report. 

Mr.  Berry,  of  Prince  George’s,  (seconded  by  Messrs.  Mar- 
bury  and  Harwood,)  moved  a  re-consideration  of  the  order 
by  which  the  Convention  determined  to  take  the  vote  on  the 
pending  question  to-day  at  2  o’clock  ; 

Decided  in  the  negative. 

The  question  again  being  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Brown,  to  wit : 

Add  to  the  23d  Article  the  following  :  “And  the  Legisla- 


224 


ture  shall  make  provision  from  the  Treasury  of  the  State  for 
the  comfortable  support  and  maintenance  of  the  helpless  and 
paupers  hereby  emancipated 

Mr.  Brown  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 


Messrs. 

Berry,  of  Balt.  co. 
Berry,  of  P.  Geo., 
Billingsley, 
Blackiston, 
Briscoe, 

Brown, 

Chambers, 

Clarke, 

Crawford, 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Charles, 
Davis,  of  Wash., 
Earle, 

Ecker, 

Farrow, 

Galloway, 

Greene, 


Affirmative. 

Dail, 

Dennis, 

Duvall, 

Edelen, 

Gale, 

Harwood, 

Hollyday, 

Horsey, 

Johnson, 

Negative. 

Hatch, 

Iiebb, ' 
Hoffman, 
Hopkins, 
Hopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

King, 

Larsh, 

Mace, 

Markey, 

McComas, 

Mullikin, 

Murray, 

Negley. 

Nyman, 

Parker, 


Lansdale, 

Lee, 

Marbury, 

Mitchell, 

Miller, 

Parran , 

Peter, 

Smith,  of  Dor., 
Turner — 28. 


Purnell, 

Ridgely, 

Robinette, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 

Sneary,- 

Stirling, 

Stockbridge, 

Sykes, 

Thomas, 

Thruston, 

Valliant, 

Wickard 
Wooden — 53. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

The  question  then  recurring  upon  the  adoption  of  the  23d 
Article  of  the  report, 

Mr.  Iiebb  demanded  the  yeas  and  nays; 


225 


The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


Affirmative. 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Au  dou  n, 

Baker, 

Barron, 

Berry  of  Balt,  co., 
Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Earle, 

Ecker, 

Farrow, 

Galloway, 

Greene, 


Messrs. 

Berry,  of  P.  Geo. 
Billingsley, 
Blackiston, 
Briscoe, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Dail, 


Hatch , 

Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 
Keefer, 

Kennard, 

King, 

Larsh, 

Mace, 

Markey, 

Me  Com  as, 
Mullikin, 

Murray, 

Hyman, 

Parker, 

Purnell, 

Negative. 

Davis,  of  Charles, 
Dennis, 

Duvall, 

Edelen, 

Gale, 

Harwood, 

Hollyday, 

Horsev, 

Johnson, 


Negley, 

Ridgely, 

Bobinette, 

Bussell, 

Sands, 

Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 
Sneary, 

Stirling, 

Stockbridge, 

Sykes, 

Thomas, 

Thruston, 

Yalliant, 

Wickard, 

Wooden — 53. 


Lansdale, 

Lee, 

Mar  bury, 
Mitchell, 

Miller, 

Parra  n, 

Peter, 

Smith,  of  Dor., 
Turner — 27. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


Mr  Scott  (by  general  consent,)  submitted  the  following 
order  : 

Ordered,  That  when  the  Convention  adjourns  to-day,  it 
stand  adjourned  till  12  o’clock,  M.,  on  Wednesday, 


The  question  being  on  the  adoption  of  the  order, 
Mr.  Greene  demanded  the  yeas  and  nays; 

29 


226 


The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Barron, 

Berry,  of  Balt.  co. 
Berry,  of  P.  Geo., 
Billingsley, 

Black  is  ton, 
Briscoe, 

Brown, 

Carter, 

Chambers, 

Clarke, 

Crawford, 

Bail, 

Davis,  of  Charles, 
Dennis, 


Messrs.  Annan, 
Audoun, 

Baker, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Earle, 

Ecker, 

Galloway, 

Greene, 


Affirmative. 

Duvall, 

Edelen, 

Farrow, 

Gale,* 
Harwood, 
Hatch , 

Holly  day, 

Hopkins, 

Hopper, 

Horsey, 

Johnson, 

Jones,  of  Cecil, 
Kennard, 

King, 

Lansdale, 

Larsh, 

Negative. 

Ilebb, 

Hoffman, 

Keefer, 

McComas, 

Mullikin, 

Negley, 

Nyman, 

Parker, 

Robinette, 

Russell. 


Lee, 

Mace,  « 

Marbury, 

Mitchell, 

Miller, 

Murray, 

Parran, 

Peter, 

Purnell, 

Ridgely, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Sykes, 

Thomas, 

Turner — 48. 


Sands, 

Schley, 

Schlosser, 

Sneary, 

Stirling, 

Stockbridge, 

Thruston, 

Yalliant, 

Wickard, 

Wooden — 31. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

On  motion  of  Mr.  Miller, 

The  Convention  adjourned. 


WEDNESDAY,  July  6th,  1864. 


The  Convention  met  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Berry,  of  Baltimore  county,  Berry,  of 
Prince  George's,  Billingsley,  Blackiston,  Briscoe,  Crawford, 
Dail,  Daniel,  Davis,  of  Charles,  Dellinger,  Dennis,  Dent, 
Duvall,  Edelen,  Farrow,  Gale,  Greene,  Hatch,  Henkle,  Hod- 
son,  Hollyday,  Plopper,  Horsey,  Johnson,  Jones,  of  Somerset, 
King,  Lee,  Mace,  Marbury,  Markey,  Mayhugh,  Mitchell, 
Morgan,  Negley,  Nyman,  Parran,  Peter,  Pugh,  Purnell, 
Robinette,  Schlosser,  Scott,  Smith,  of  Dorchester,  Smith,  of 
Worcester,  Sneary,  Swope,  Thruston,  Turner,  Yalliant, 
Wilmer — 51. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Cushing, 

The  Convention  adjourned. 


"s 


THURSDAY,  July  7th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following : 

Messrs.  Barron,  Belt,  Berry,  of  Baltimore  county,  Berry, 
of  Prince  George’s,  Billingsley,  Blackiston,  Crawford,  Dail, 
Davis,  of  Charles,  Dellinger,  Dennis,  Dent,  Duvall,  Farrow, 
Gale,  Greene,  Harwood,  Henkle,  Hodson,  Hoffman,  Horsey, 
Johnson,  Jones,  of  Somerset,  Kennard,  King,  Lee,  Mace, 
Marbury,  Markey,  Mayhugh,  Mitchell,  Negley,  Parran, 
Robinette,  Smith,  of  Dorchester,  Smith,  of  Worcester,  Thrus¬ 
ton,  Turner,  Valliant,  Wilmer — 43. 


228 


The  proceedings  of  Friday,  June  24th,  and  yesterday, 
were  read  and  approved. 

The  qualification  of  John  F.  Dent,  member  elect  from  St. 
Mary’s  county,  was  presented,  and  the  gentleman  named  ap¬ 
peared  and  took  his  seat. 

On  motion  of  Mr.  Lansdale, 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr.  Du¬ 
vall,  of  Montgomery  county,  is  detained  from  his  seat  in  the 
Convention  by  sickness. 

On  motion  of  Mr.  Stockbridge, 

It  was  ordered  to  be  entered  on  the  Journal  that  the  ab- 
*  sence  from  Us  seat  in  the  Convention  of  Mr.  Kennard,  of 
Baltimore  city,  is  occasioned  by  a  death  in  his  family. 

On  motion  of  Mr.  Bond, 

It  was  ordered  to  be  entered  on  the  Journal  that  had  Mr. 
Bond  been  present  on  Friday,  the  24th  ult.,  when  the  vote 
was  taken  on  the  23rd  Article  of  the  Bill  of  Rights,  he 
would  have  voted  for  the  amendment  offered  to  said  Article 
by  Mr.  Brown,  and  that  he  would  have  voted  against  the  said 
23rd  Article. 

On  motion  of  Mr.  Brooks, 

It  was  ordered  to  be  entered  on  the  Journal  that  had  Mr. 
Brooks,  of  Baltimore  city,  been  present  on  Friday,  June  24th, 
he  would  have  voted  against  the  amendment  offered  by  Mr. 
Brown,  and  in  favor  of  the  adoption  of  the  23rd  Article  of 
the  Bill  of  Rights. 

On  motion  of  Mr.  Belt, 

It  was  ordered  to  be  entered  on  the  Journal  that  if  Mr. 
Belt  had  been  present  on  Friday,  June  24th,  he  would  have 
voted  in  the  negative  on  the  adoption  of  the  23rd  Article  of 
the  Bill  of  Rights. 

On  motion  of  Mr.  Pugh, 

It  was  ordered  to  be  entered  on  the  Journal  that  had  Mr; 
Pugh,  of  Cecil,  been  present  on  Friday,  June  24th,  he  would 
have  voted  against  the  amendment  of  Mr.  Brown  to  the  23rd 
Article  of  the  Bill  of  Rights,  and  in  favor  of  the  adoption  of 
the  Article  as  reported  by  the  Committee. 

On  motion  of  Mr.  Todd, 

It  was  ordered  to  be  entered  on  the  Journal,  that  had  Mr. 


0 


229 

Todd  been  present  on  Friday,  June  24th,  he  would  have  voted 
against  the  amendment  of  Mr.  Brown,  to  the  23d  Article  of 
the  Bill  of  Rights,  and  in  favor  of  the  adoption  of  the  Article 
as  reported  by  the  Committee. 

On  motion  of  Mr.  Noble, 

It  was  ordered  to  be  entered  on  the  Journal,  that  had  Mr 
Noble  been  present  on  Friday,  June  24th,  he  would  have  voted 
against  the  amendment  offered  by  Mr.  Brown,  to  the  23d 
Article  of  the  Bill  of  Rights,  and  in  favor  of  the  article  as 
reported  by  the  Committee. 

Mr.  Audoun  submitted  the  following  order  : 

Ordered,  that  the  Committee  on  the  Judiciary,  be  and  they 
are  hereby  requested  to  inquire  into  the  expediency  of  empow¬ 
ering  the  several  Orphans’  Courts  of  this  State  to  authorize 
guardians  and  administrators  to  lease  vacant  lots  belonging 
to  deceased  persons’  estates  and  wards  ; 

Which  was  adopted. 

Mr.  Miller  submitted  the  following  order: 

Ordered,  that  the  Committee  on  the  Judiciary  be  instruc¬ 
ted  to  inquire  into  the  expediency  of  inserting  a  provision  in 
the  Constitution  requiring  every  case  in  the  Court  of  Appeals 
to  be  decided  by  said  court  within  three  months  after  the 
same  has  been  argued  or  submitted  for  decision. 

Which  was  adopted. 

Mr.  Miller  submitted  the  following  order: 

Ordered,  That  the  Committee  on  Elections  be  instructed  to 
inquire  and  report  whether  under  the  provision  of  the  Con¬ 
vention  Bill  requiring  the  qualifications  for  a  seat  in  this 
Convention  to  be  the  same  as  those  required  for  a  seat  in  the 
House  of  Delegates,  or  any  other  provision  of  said  act,  any 
person  holding  any  civil  or  military  office  under  the  United 
States,  or  any  minister  or  preacher  of  the  gospel,  or  any 
person  holding  any  civil  office  of  profit  or  trust  under  this 
State,  except  Justices  of  the  Peace  and  Senators  or  Delegates 
in  the  present  Legislature,  is  entitled  to  a  seat  in  this  body. 

Mr.  Stirling  moved  to  lay  the  order  on  the  table. 

Decided  in  the  affirmative  by  yeas  and  nays  as  follows  : 

Affirmative. 

Messrs.  Hatch,  Ridgely, 

Goldsborough,P’t  Hebb,  Russell, 


230 


Abbott, 

Hopkins, 

Sands, 

Annan, 

Hopper, 

Schley, 

Baker, 

Jones,  of  Cecil, 

Schlosser, 

Brooks, 

Keefer, 

Scott, 

Carter, 

Larsh, 

Smith,  of  Carroll, 

Cunningham, 

McComas, 

Sneary, 

Cu  siting. 

Mullikin, 

Stirling, 

Daniel, 

Murray, 

Stockbridge, 

Davis,  of  Wash., 

Noble, 

Swope, 

Earle, 

Nyman, 

Sykes, 

Ecker, 

Pugh, 

Wickard, 

Galloway, 

Purnell, 

Wooden — 41. 

Negative. 

Messrs.  Audoun, 

Clarke, 

Miller, 

Belt, 

Dent, 

Morgan, 

Bond, 

Edelen, 

Parker, 

Briscoe, 

Holly  day, 

Peter, 

Brown, 

Lansclale, 

Thomas — 16. 

Chambers, 

Mr.  Abbott  submitted  the  following  order  : 

Ordered,  That  the  time  allowed  each  member  for  debate  on 

any  question  before  the  Convention  be  limited  to  fifteen  min- 

utes  ;  that  no  extension  of  time  be  granted  except  by  a  vote 

of  two-thirds  of  the  members  present. 

Mr.  Chambers  moved  to  lay  the  order 

on  the  table  ; 

Decided  in  the  negative,  by  yeas  and  nays  as  follows  : 

Affirmative. 

Messrs. 

Brown, 

Larsh, 

Goldsborough ,  P  ’  t 

Chambers, 

Miller, 

Audoun, 

Clarke, 

Morgan, 

Belt, 

Dent, 

Parker, 

Bond, 

Edelen, 

Peter, 

Briscoe, 

Iiollyday, 

Thomas — 19. 

Brooks, 

Lansdale, 

Negative. 

Messrs.  Abbott, 

Hopkins, 

Sands, 

Annan, 

Hopper, 

Schley, 

Baker, 

Jones,  of  Cecil, 

Schlosser, 

Carter, 

Keefer, 

Scott, 

Cunningham, 

McComas, 

Smith,  of  Carroll, 

Cushing, 

Mullikin, 

Sneary, 

Daniel, 

Murray, 

Stirling, 

231 


Davis,  of  Wash., 

Noble, 

Stockbridge, 

Earle, 

Nyman, 

Swope, 

Ecker, 

Pugh, 

Sykes, 

Todd, 

Galloway, 

Purnell, 

Hatch, 

Ridgely, 

Wickard, 

Hebb, 

Russell, 

Wooden — 39. 

On  motion  of  Mr.  Stockbridge, 

*The  subject  was  divided. 

d’be  question  being  on  the  adoption  of  the  first  clause  of 
the  order,  to  wit:  “That  the  time  allowed  each  member  for 
debate  on  any  question  before  the  Convention  be  limited  to 
fifteen  minutes.” 

Mr.  Cunningham  submitted  the  following  amendment : 

Amend  by  striking  out  15  and  insert  30. 

Mr.  Thomas  submitted  the  following  amendment  to  the 
amendment : 

Add  to  the  amendment  the  following  words  : 

“Except  on  all  questions  connected  with  the  discussion  of 
the  question  of  Representation  and  of  State  Compensation, 
upon  which  every  member  who  desires  to  speak  shall  be  al¬ 
lowed  one  hour  to  address  the  Convention 

THe  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 

It  was  decided  in  the  negative,  by  yeas  and  nays  as  fol¬ 
lows  : 


Messrs. 

Goldsborough,  P’t 
Audoun, 

Belt, 

Bond, 

Briscoe, 

Brooks, 

Brown, 


Messrs.  Abbott, 
Annan, 
Baker, 

Cunningham, 


Affirmative. 

Carter, 

Chambers, 

Clarke, 

Dent, 

Edelen, 

Hollyday, 

Lansdale, 

Larsh, 

Negative. 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 
Keefer, 


Miller, 

Morgan, 

Nyman, 

Parker, 

Smith,  of  Carroll, 
Sykes, 

Thomas — 22. 


Russell, 

Schley, 

Sclilosser, 

Scott, 


Cushing, 

232 

McComas, 

Sneary, 

Daniel, 

Mullikin, 

Stirling, 

Davis,  of  Wash., 

Murray, 

Stockbridge, 

Earle, 

Noble, 

Swope, 

Ecker, 

Peter, 

Todd, 

Galloway, 

Pugh, 

Wickard, 

Hatch, 

Purnell, 

Ridgely, 

Wooden — 35  c 

Hebb, 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  as  amended, 

It  was  adopted. 

Mr.  Belt  submitted  the  following  amendment : 

Insert  after  the  word  “ordered,”  the  words  “That  there 
shall  be  no  debate  on  any  question  whatever 

Decided  in  the  negative,  by  yeas  and  nays  as  follows  : 


Messrs.  Abbott, 

Affirmative. 

Earle, 

Murray, 

Annan, 

Hatch, 

Ridgely, 

Belt, 

Hebb, 

Schley, 

Bond, 

Jones,  of  Cecil, 

Scott, 

Brown, 

Clarke, 

Keefer, 

Sneary, 

Lansdale, 

Thomas, 

Davis,  of  Wash., 

Mullikin, 

Wooden — 21. 

Negative. 

Messrs. 

Edelen, 

Peter, 

Goldsborough,  P’t 

Galloway, 

Pugh, 

Audoun, 

Hollyday, 

Purnell, 

Baker, 

Hopkins, 

Russell, 

Briscoe, 

Hopper, 

Sclilosser, 

Brooks, 

Larsh, 

McComas, 

Smith,  of  Carroll, 

Carter, 

Stirling, 

Chambers, 

Miller, 

Stockbridge, 

Cunningham, 

Morgan, 

Swope, 

Cashing, 

Noble, 

Sykes, 

Todd, 

Daniel, 

Nyman, 

Parker, 

Dent, 

Wickard — 36. 

Ecker, 

• 

The  first  clause 

of  the  order,  as 

amended,  was  then 

adopted . 

• 

The  question  then 

recurring  upon  the  second  clause  of  the 

* 


233 

order,  to  wit:  “that  no  extension  of  time  be  granted  except 
by  a  vote  of  two-thirds  of  the  members  present,” 

Mr.  Cushing  submitted  the  following  amendment : 

Strike  out  the  words  “two-thirds,”  and  insert  the  words 
“a  majority;” 

Decided  in  the  negative. 

The  question  again  recurring  on  the  adoption  of  the  second 
clause  of  the  order, 

It  was  decided  in  the  affirmative,  by  yeas  and  nays  as  fol- 


lows : 

Affirmative. 

Messrs.  Abbott, 

Hopkins, 

Schley, 

Annan, 

Hopper, 

Schlosser, 

Baker, 

Jones,  of  Cecil, 

Scott, 

Belt, 

Keefer, 

Smith,  of  Carroll 

Brown, 

McComas, 

Sneary, 

Cunningham, 

Mullikin, 

Stirling, 

Daniel, 

Noble, 

Stockbridge, 

Davis,  of  Wash., 

Nyman, 

Swope, 

Earle, 

Parker, 

Sykes, 

Ecker, 

Pugh, 

Todd, 

Galloway, 

Ridgely,* 

Wickard, 

Hatch, 

Russell, 

Wooden — 38. 

Hebb, 

Sands, 

Messrs. 

Negative. 

Chambers, 

* 

Larsh, 

Goldsborough,  P’t 

Clarke, 

Cushing, 

Miller, 

Audoun, 

Morgan, 

Bond, 

Dent, 

Murray, 

Briscoe, 

Brooks, 

Edelen, 

Peter, 

Holly  day, 

Purnell, 

Carter, 

Lansdale, 

Thomas — 20. 

The  Order  of  the  Day,  being  the  report  of  the  majority 
of  the  Committee  on  the  Bill  of  Bights, 

Was  then  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  bv  Mr.  Abbott,  to  wit : 

Article  1.  Truths  to  be  held  as  self  evident  are,  that  all 
men  are  created  equally  free;  that  they  are  endowed  by  their 
creator  with  certain  unalienable  rights,  among  which  are  life, 

30 


4 


234 


liberty,  the  enjoyment  of  tbe  proceeds  of  their  own  labor, 
and  the  pursuit  of  happiness. 

Mr.  Stockbridge  submitted  tbe  following  amendment : 

Art.  1.  Amend  by  striking  out  as  far  as  tbe  word  “that,” 
in  the  first  line,  and  insert  ‘‘That  we  hold  it  to  be  self 
evident 

Decided  in  the  affirmative. 

Tbe  question  recurring  upon  the  adoption  of  tbe  amendment 
as  amended, 

It  was  decided  in  the  affirmative. 


Mr.  Briscoe  submitted  tbe  following  amendment :  . 

Article  3.  “That  absolute  arbitrary  power  over  tbe  lives, 
liberty  and  property  of  freemen,  exists  nowhere  in  a  republic, 
not  even  in  the  largest  majority;” 

The  question  being  on  tbe  adoption  of  the  amendment, 


Mr.  Briscoe  demanded  tbe  yeas  and  nays. 

Tbe  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs.  Belt, 
Bond, 
Briscoe, 
Brown, 
Chambers, 


Affirmative. 

Clarke, 

Dent, 

Edelen, 

Hollyday, 

Negative. 


Messrs. 

Gfoldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Earle, 

Ecker, 

Galloway, 


Hatch, 

Hebb, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 
Keefer, 

Larsh, 

McComas, 

Mullikin, 

Mu  rray, 

Noble, 

Nyman, 

Parker, 

Pugh, 

Purnell, 


Lansdale, 
Miller, 
Morgan, 
Peter — 13. 


Ridgely, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Scott, 

Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 
Thomas, 
Todd, 
Wickard, 
Wooden — 44. 


235 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

Mr.  Stirling  moved  to  suspend  the  rules,  in  order  to  give 
the  report  a  third  reading. 

Decided  in  the  affirmative,  by  yeas  and  nays  as  follows : 

♦  Affirmative. 


Messrs.  Abbott, 

Hopper, 

Russell, 

Annan, 

Jones,  of  Cecil, 

Sands, 

Baker, 

Keefer, 

Schley, 

Carter, 

Larsh, 

Schlosser, 

Cunningham, 

McComas, 

Scott, 

Cushing, 

Mullikin, 

Smith,  of  Carroll, 

Daniel, 

Murray, 

Sneary, 

Davis,  of  Wash., 

Noble, 

Stirling, 

Earle, 

Nyman, 

Parker, 

Swope, 

Ecker, 

Sykes, 

Galloway, 

Pugh, 

Todd, 

Hatch, 

Purnell, 

Wickard 

Hebb, 

Ridgely, 

Wooden — 40. 

Hopkins, 

Negative. 

Messrs. 

Brown, 

Lansdale, 

Goldsborough,  P’t 

Chambers, 

Miller, 

Audoun, 

Clarke, 

Morgan, 

Belt, 

Dent, 

Peter, 

Bond, 

Edelen, 

Stockbridge, 

Briscoe, 

Hollyday, 

Thomas — 18. 

Brooks, 

The  report  being  on 

l  its  third  reading, 

Mr.  Briscoe  submitted  the  following  order: 


Ordered,  That  the  Bill  of  Rights  as  amended  on  its  second 
reading,  be  printed  and  made  the  order  of  the  day  for  Mon¬ 
day,  at  1  o’clock,  P.  M. 

Mr.  Daniel  submitted  the  following  amendment : 

Amend  by  adding  “and  that  the  final  vote  thereon  shall 
be  taken  precisely  at  2  o’clock,  P.  M.” 

Decided  in  the  negative. 


236 


The  question  recurring  upon  the  adoption  of  the  order  sub¬ 
mitted  by  Mr.  Briscoe,  * 

Mr.  Briscoe  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs.  Belt, 
Bond, 
Briscoe, 
Brown, 
Chambers, 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Earle, 

Ecker, 

Galloway, 


Clarke, 

Dent, 

Edelen, 

Harwood, 

Hollyday, 

i 

Negative. 

Hatch, 

Hebb, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 
Keefer, 

Larsh, 

McComas, 

Mullikin, 

Murray, 

Noble, 

Nyman, 

Parker, 

Pugh, 

Purnell, 


Lansdale, 
Miller, 
Morgan, 
Peter — 14. 


Ridgely, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Thomas, 

Todd, 

Wickard, 

Wooden — 43. 


So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

The  Report  of  the  majority  of  the  Committee  on  the  Bill  of 
Rights,  as  amended,  was  then  read  the  third  time  and  passed 
by  yeas  and  nays  as  follows  : 


TVf  POQVC 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Brooks, 

Carter, 


Affirmative. 

Hebb, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 
Keefer, 

Larsh, 

McComas, 

Mullikin, 


Russell, 

Sands, 

Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 
Sneary, 

Stirling, 


237 


Cunningham, 

Murray, 

Stockbridge, 

Cushing, 

Noble, 

Swope, 

Daniel, 

Nyman, 

Parker, 

Sykes, 

Davis,  of  Wash., 

Thomas, 

Earle, 

Pugh, 

Todd, 

Ecker, 

Purnell, 

Wickard, 

Galloway, 

Hatch, 

Ridgely, 

Negative. 

Wooden — 44 

Messrs.  Belt, 

Clarke, 

Lansdale, 

Bond, 

Dent, 

Miller, 

Briscoe, 

Edelen, 

Morgan, 

Brown, 

Harwood, 

Peter — 14. 

Chambers, 

Hollyday, 

On  motion  of  Mr.  Schley, 

The  Convention  proceeded  to  the  consideration  of  the 
Report  of  the  Committee  on  the  Legislative  Department. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Sec.  3,  line  2,  strike  out  the  words,  *  ''first  Wednesday/' 
and  insert  “Tuesday  next  after  the  first  Monday  in  the 
month/’ 

Decided  in  the  affirmative. 

Mr.  Clarke  submitted  the  following  amendment : 

Section  3,  amend  by  striking  out  all  after  the  word  “there¬ 
after,”  in  line  5. 

Decided  in  the  affirmative. 

Mr.  Abbott  submitted  the  following  amendment : 

After  the  word  “thereafter,”  in  the  5th  line,  insert  “and 
the  Legislature  shall  fix  the  time  for  electing  representatives 
from  this  State  in  the  Congress  of  the  United  States.” 

Decided  in  the  negative. 

Mr.  Miller  moved  to  reconsider  the  vote  by  which  the 
second  section  of  the  report  was  adopted. 

The  question  being  on  the  adoption  of  the  motion  to  re¬ 
consider. 

Mr.  Stirling  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 


238 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs.  Abbott, 

Dent, 

Morgan, 

Belt, 

Edelen, 

Peter, 

Bond, 

Holly  day, 

Ridgely, 

Briscoe, 

Hopper, 

Lansdale, 

Swope, 

Brown, 

Thomas, 

Chambers, 

Larsh, 

Wickard — 20. 

Clarke, 

Miller, 

Negative. 

Messrs. 

Hatch, 

Russell, 

Goldsborough,  P’t 

Hebb, 

Sands, 

Annan, 

Hopkins, 

Schley, 

Baker, 

Jones,  of  Cecil, 

Scott, 

Carter, 

Keefer, 

Smith,  of  Carroll, 

Cunningham, 

McComas, 

Sneary, 

Cushing, 

Mullikin, 

Stirling, 

Daniel, 

Murray, 

Stockbridge, 

Davis,  of  Wash., 

Noble, 

Sykes, 

Earle, 

Parker, 

Todd, 

Ecker, 

Pugh, 

Wooden — 34. 

Galloway, 

Purnell, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 


On  motion  of  Mr.  Stockbridge, 

The  consideration  of  the  fourth  section  was  informally 
passed  over. 

Mr.  Thomas  submitted  the  following  amendment  : 


Section  5,  strike  out  “in  every  second  year,”  in  the  3rd 
line  and  insert  “annually.” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Miller  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs.  Abbott, 
Audoun, 

Baker, 

Bond, 

Brooks, 

Davis,  of  Wash., 


Dent, 

Earle*, 

Harwood, 

Hopper, 

Lansdale, 

Morgan, 


Scott, 

Sneary, 

Stockbridge, 

Sykes, 

Wickard— IT. 


239 


Negative. 


Messrs. 

Hatch, 

Peter, 

Goldsborough,  P’t 

Hebb, 

Pugh, 

Annan, 

Hollyday, 

Purnell, 

Belt, 

Hopkins, 

Jones,  of  Cecil, 

Ridgely, 

Briscoe, 

Russell, 

Brown, 

Keefer, 

Sands, 

Chambers, 

Larsh, 

Schley, 

Clarke, 

McComas, 

Smith,  of  Carroll, 

Cunningham, 

Miller, 

Stirling, 

Cushing, 

Mullikin, 

Swope, 

Daniel, 

Murray, 

Thomas, 

Ecker, 

Noble, 

Todd, 

Edelen, 

Galloway, 

Nyman, 

Parker, 

Wooden — 40. 

So  the  question  upon  its  adoption  was 
tive. 

decided  in  the  nega- 

On  motion  of  Mr,  Daniel, 
The  Convention  adjourned. 


FRIDAY,  July  8th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Eev.  Mr.  McNemar, 

All  the  members  present  except  the  following  : 

Messrs.  Berry,  of  Baltimore  county,  Berry,  of  Prince 
George’s,  Billingsley,  Blackiston,  Crawford,  Dail,  Davis,  of 
Charles,  Dennis,  Duvall,  Farrow,  Gale,  Green,  Harwood, 
Henkle,  Hodson,  Johnson,  Jones,  of  Somerset,  Kennard, 
King,  Lee,  Mace,  Marbury,  Markey,  Mayhugh,  Mitchell, 
Negley,  Parran,  Robinette,  Smith,  of  Worcester,  Thruston, 
Turner,  Yalliant— 31. 

The  proceedings  of  yesterday  were  read  and  approved. 


240 


On  motion  of  Mr.  Morgan, 

It  was  ordered  to  be  entered  on  the  Journal  that  if  Geo. 
W.  Morgan,  who  was  absent  from  the  Convention  on  account 
of  sickness,  on  the  24th  of  June,  when  the  vote  was  taken 
on  the  amendment  of  Mr.  Brown  to  the  23d  Article  to  the 
Bill  of  Bights,  had  been  present  he  would  have  vGfced  for  the 
amendment,  but  that  he  would  have  voted  against  the  said 
Article. 

On  motion  of  Mr.  Barron, 

It  was  ordered  to  be  entered  on  the  Journal,  that  had 
John  Barron,  of  Baltimore,  been  present  on  yesterday,  he 
would  have  voted  in  favor  of  the  adoption  of  the  Declaration 
of  Bights,  as  adopted  by  this  Convention. 

On  motion  of  Mr.  Wilmer, 

It  was  ordered  to  be  entered  on  the  Journal,  that  had  Mr. 
Wilmer  been  present  on  Friday,  June  24th,  he  would  have 
voted  in  favor  of  the  amendment  submitted  by  Mr.  Brown, 
to  the  23d  Article  of  the  Bill  of  Bights,  and  against  the 
adoption  of  said  Article. 

On  motion  of  Mr.  Dellinger, 

It  was  ordered  to  be  entered  on  the  Journal,  that  if  Mr. 
Dellinger,  had  not  been  detained  from  his  seat  on  the  24th 
ultimo  by  sickness,  when  the  vote  was  taken  on  the  23rd 
Article  of  the  Bill  of  Bights,  he  would  have  voted  in  the 
affirmative. 

Mr.  Chambers  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  Elections  be  requested  to 
report  at  as  early  a  day  as  practicable. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Stockbridge  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  order, 

Mr.  Miller  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


241 


Affirmative. 


Messrs. 

Earle, 

Noble, 

Goldsborough,P’t 

Edelen, 

Nyman, 

Annan, 

Audoun, 

Galloway, 

Parker, 

Hatch, 

Peter, 

Barron, 

Hoffman, 

Purnell, 

Belt, 

Holly  day, 

Ridgely, 

Bond, 

Hopkins, 

Bussell, 

Briscoe, 

Hopper, 

Scott, 

Brooks, 

Horsey, 

Smith,  of  Car 

Carter, 

Jones,  of  Cecil, 

Smith,  of  Doi 

Chambers, 

Keefer, 

Sneary, 

Clarke, 

Lansdale, 

Swope, 

Thomas, 

Cunningham, 

McComas, 

Daniel, 

Miller,  \ 

Todd , 

Davis,  of  Wash., 

Morgan, 

Wickard, 

Dent, 

Murray, 

Kegative. 

Wilmer  47. 

Messrs.  Abbott, 

Hebb, 

Schlosser, 

Baker, 

Larsh, 

Stirling, 

Cushing, 

Mullikin, 

Stockbridge, 

Dellinger, 

Pugh, 

Schley, 

Sykes, 

Ecker, 

Wooden — 15. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Cushing  submitted  the  following  order: 

Ordered,  That  the  Committee  on  Elections  be  ordered  to 
report  that  all  members  holding  seats  in  this  Convention 
were  duly  elected. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Stirling  called  the  previous  question  ; 

The  question  being 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  order, 

Mr.  Chambers  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows : 

o 1 
O  J 


242 


Messrs.  Abbott, 
Annan, 
Audoun, 
Baker, 
Barron, 
Cushing, 


Messrs. 

Goldsborough,P’t 

Belt, 

Bond, 

Briscoe, 

Brooks, 

Brown, 

Carter, 

Chambers, 

Clarke, 

Cunningham, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Dent, 

Earle, 


Affirmative. 

Ecker, 

Hebb, 

Hopkins, 

Keefer, 

Larsh, 

McComas, 

Negative. 

Edelen, 

Galloway, 

Hatch, 

Hoffman, 

Hollyday, 

Hopper, 

Horsey, 

Jones,  of  Cecil, 

Lansdale, 

Mitchell, 

Miller, 

Morgan, 

Noble, 

Nyman, 

Parker, 

Peter, 


Mullikin, 
Murray, 
Schley, 
Stirling, 
Sykes — 17. 


Pugh, 

Purnell, 

Ridgely, 

Russell, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Sneary, 
Stockbridge, 
Swope, 

Thomas, 

Todd, 

Wickard, 

Wilmer, 

Wooden — 47. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Wickard  submitted  the  following  order: 

Ordered,  That  the  different  Standing  Committees  having 
important  business  under  consideration  for  the  action  of  this 
Convention,  who  have  not  yet  reported,  be  allowed  until  Mon¬ 
day  next  to  report  thereon  ; 


On  motion  of  Mr.  Hebb, 

The  order  was  laid  on  the  table. 

Mr.  Hebb  moved  to  suspend  the  rules  in  order  to  take  up 
the  unfinished  business, 

Decided  in  the  negative. 

Mr.  Clarke  submitted  the  following  order  : 

Ordered,  That  the  Treasurer  be  requested  to  furnish  this 
Convention  as  soon  as  possible  with  the  information  asked  for 
under  an  order  adopted  June  1st,  1864; 


243 


On  motion  of  Mr.  Clarke, 

The  consideration  of  the  order  was  passed  over  informally. 

The  unfinished  business  being  the  report  of  the  Committee 
on  the  Legislative  Department, 

Was  taken  up. 

Mr.  Schley  moved  to  take  up  for  consideration  the  4th  sec¬ 
tion  of  the  report,  which  had  been  informally  passed  over; 

Decided  in  the  affirmative. 

Mr.  Schley  submitted  the  following  amendment : 

Section  4,  line  5,  amend  by  striking  out  the  words  “first 
Wednesday,”  and  insert  “Tuesday  next  after  the  first  Mon¬ 
day  in  the  month;” 

The  question  upon  its  adoption  was  decided  in  the  affirma¬ 


tive. 


Mr.  Ridgely  submitted  the  following  amendment: 

Section  6,  strike  out  the  section  as  far  as  the  word  “when” 
in  line  7  and  insert,  “the  General  Assembly  shall  continue  its 
session  so  long  as  in  its  judgment  the  public  interest  may  re¬ 
quire,  and  each  member  thereof  shall  receive  a  compensation 
of  five  dollars  per  diem,  for  every  day  he  shall  attend  the  ses¬ 
sions,  unless  absent  on  account  of  sickness;  provided  however, 
that  no  member  shall  receive  any  other  or  larger  sum  than 
four  hundred  dollars; 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Hebb  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows : 


Messrs. 

Goldsborough,  P’t 


Abbott, 

Annan, 

Audoun, 

Barron, 

Bond, 


Brooks, 

Carter, 


Affirmative. 

Hoffman, 

Hopkins, 

Hopper, 

Horsey, 

Jones,  of  Cecil, 
Keefer, 

Larsh, 

McComas, 


Purnell, 

Ridgely, 

Sands, 

Schlosser, 

Scott, 

Smith,  of  Dor., 
Stirling, 
Stockbridge, 
Sykes, 

Thomas, 

Todd, 


Chambers, 

Cunningham, 


Miller, 

Mullikin, 


Murray, 


244 


Daniel, 

Hatch, 

Hebb, 


Messrs.  Baker, 

Briscoe, 

Brown, 

Clarke, 

Cashing, 

Davis,  of  Wash., 
Dellinger, 

Dent, 


Noble, 

Parker, 

Peter, 

Negative. 

Earle, 

Ecker, 

Edelen, 

Galloway, 

Hollyday, 

Lansdale, 

Mitchell, 

Morgan, 


Wickard, 
Wilraer — 40. 


Nyman, 

Pugh, 

Russell, 

Schley, 

Smith,  of  Carroll, 
Sneary, 

Swope, 

Wooden — 24. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


Mr.  Ridgely  submitted  the  following  amendment: 

Section  6,  add  at  the  end  of  the  section,  the  following:  “and 
in  such  case  the  compensation  shall  be  at  the  rate  of  five  dol¬ 
lars  per  diem;” 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Schley, 

The  28th  section  of  the  report  was  taken  up. 

Mr.  Schley  submitted  the  following  amendment : 

Section  28,  strike  out  the  section  as  far  as  the  word  “no” 
in  the  6th  line; 

Decided  in  the  affirmative. 


Mr.  Hebb  submitted  the  following  amendment : 

Add  the  remaining  words  of  section  28  to  section  6; 
Decided  in  the  negative. 

Mr.  Schley  submitted  the  following  amendment: 

Sec.  28.  Add  in  line  six,  after  the  word  “member,”  the 
words  “of  the  General  Assembly;” 

Decided  in  the  affirmative. 

Mr.  Miller  submitted  the  following  amendment : 

Section  7,  line  seven,  after  the  word  “county,”  insert  the 
words  “or  city;” 

Decided  in  the  negative. 


245 


Mr.  Miller  submitted  the  following  amendment : 

Section  7,  line  five,  strike  out  the  words  “or  city;” 

Decided  in  the  negative. 

Mr.  Clarke  submitted  the  following  amendment: 

Section  8.  Amend  by  striking  out  all  after  the  word  “ Dele¬ 
gate,”  in  line  three,  and  insert :  “And  no  person  shall,  after 
his  election  and  qualification  as  Senator  or  Delegate,  and 
during  his  term  of  office,  be  elected  to  Congress  or  to  any 
office  in  the  gift  of  the  General  Assembly,  or  accept  any 
office,  civil  or  military,  under  the  Government  of  the  United 
States  ;” 

Decided  in  the  negative. 

Mr.  Peter  submitted  the  following  amendment : 

Section  8.  Insert  after  the  word  “office,”  in  5th  line,  “and 
shall  not  decline  or  refuse  to  fill  such  office,  civil  or  military, 
within  ten  days  after  his  election  or  appointment,  then  his 
seat  as  a  Senator  or  Delegate  shall  be  vacated 

Decided  in  the  negative. 

Mr.  Kidgely  submitted  the  following  amendment  : 

Section  8,  strike  out  all  after  the  word  “delegate,”  in  the 
third  line  , 

Decided  in  the  negative. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Section  8,  strike  out  the  words  “civil  or,”  in  line  one  ; 

Decided  in  the  negative. 

Mr.  Daniel  submitted  the  following  amendment : 

Section  9,  strike  out  all  between  the  word  £<no,”  in  the 
first  line,  to  the  word  “person,”  in  the  third  line. 

Pending  the  consideration  of  which, 

Mr.  Barron  moved  that  when  the  Convention  adjourns  to¬ 
day,  it  stands  adjourned  until  Monday  next  at  12  o’clock. 

Decided  in  the  negative  by  yeas  and  nays  as  follows  : 


Affirmative. 


Messrs.  Audoun, 
Barron, 

Belt, 


Chambers, 

Clarke, 

Dent, 


Miller, 

Morgan, 

Ridgely, 


246 


Bond, 

Edelen, 

Smith,  of  i  or., 

Briscoe, 

Johnson, 

Thomas — 17. 

Brooks, 

Lansdale, 

Negative. 

essrs. 

Hehb, 

Russell, 

Goldsborough,  P’t 

Hoifman, 

Schley, 

Abbott, 

Hoilyday, 

Schlosser, 

Annan, 

Hopkins, 

Scott, 

Baker, 

Hopper, 

Smith,  of  Carroll, 

Brown, 

Keefer, 

Sneary, 

Cunningham, 

Larsh, 

Stirling, 

Cushing, 

McComas, 

Stockbridge, 

Daniel, 

Mullikin, 

Swope, 

Davis,  of  Wash. 

Murray, 

Sykes, 

Todd, 

Dellinger, 

Noble, 

Earle, 

Nyman, 

Wickard, 

Ecker, 

Parker, 

Wilmer, 

Galloway, 

Pugh, 

Wooden — 43. 

Hatch, 

Purnell, 

Messrs.  Peter  and  Sands  were  excused 
session  of  the  Convention  to-morrow. 

On  motion  of  Mr.  Cushing, 

The  Convention  adjourned. 


from  attending  the 


SATURDAY,  July  9th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Belt,  Berry,  of  Baltimore  county,  Berry, 
of  Prince  George’s,  Billingsley,  Blackiston,  Bond,  Briscoe,, 
Brooks,  Chambers,  Crawford,  Bail,  Davis,  of  Charles,  Den¬ 
nis,  Duvall,  Farrow,  Gale,  Greene,  Harwood,  Henkle,  Hod- 
son,  Horsey,  Johnson,  Jones,  of  Somerset,  Kennard,  King, 
Lansdale,  Larsh,  Lee,  Mace,  Marbury,  Markey,  Mayhugh, 


247 


Morgan,  Kegley,  Parrari,  Peter,  Bidgely,  Bobinetteb  Sands, 
Schlosser,  Smith,  of  Dorchester,  Smith,  of  Worcester,  Thomas, 
Thruston,  Turner — 46. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Cushing  submitted  the  following  resolution  : 

Whereas,  The  soil  of  Maryland  has  been  invaded  by  bands 
of  robbers  and  murderers  under  the  authority  of  the  so-called 

V 

Confederate  States,  and  our  citizens  have  been  by  them  despoil¬ 
ed  of  their  goods  and  murdered: 

Besolved,  That  the  people  of  Maryland  through  this  their 
Convention  do  declare  their  unfaltering  loyalty  to  the  Consti¬ 
tution,  Laws  and  Government  of  the  United  States,  and  their 
unwavering  determination  under  all  circumstances,  at  all  haz- 
zards  and  against  all  aggressors,  to  maintain  the  integrity  of 
this  Union  forever,  preferring  rather  than  consent  to  the  de¬ 
struction  of  the  union  of  these  United  States,  to  have  the  whole 
land  laid  waste  and  its  entire  population  destroyed,  hoping 
that  in  the  future,  it  might  be  re-settled  by  some  race  of  men 
more  capable  of  appreciating  and  preserving  Liberty  and 
Union.  They  do  hold  all  sympathisers  with  this  causeless 
and  wicked  rebellion  as  unworthy  citizens  of  Maryland,  as 
recreant  to  the  faith  of  their  Fathers,  forsaken  of  God  and  in¬ 
stigated  by  the  devil. 

Which  was  read  the  first  time, 

On  motion  of  Mr.  Cushing, 

The  rules  were  suspended,  and  the  resolution  read  the  se¬ 
cond  time. 

Mr.  Todd  moved  a  call  of  the  Convention; 

The  call  being  sustained, 

The  roll  was  called,  and  the  following  members  responded: 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Au- 
doun,  Baker,  Brown,  Carter,  Cunningham,  Cushing,  Daniel, 
Davis,  of  Washington,  Dellinger,  Dent,  Earle,  Ecker,  Gallo¬ 
way,  Hatch,  Hebb,  Hoffman,  Hopkins,  Hopper,  Jones,  of 
Cecil,  Keefer,  McComas,  Miller,  Mullikin,  Murray,  Noble, 
Nyman,  Parker,  Pugh,  Purnell,  Bussell,  Schley,  Scott,  Smith, 
of  Carroll,  Sneary,  Stirling, Stockbridge,  Swope,  Sykes,  Todd, 
Valliant,  Wickard,  Wilmer,  Wooden — 46. 

On  motion  of  Mr.  Todd, 

The  Sergeant-at-Arms  was  sent  after  the  absent  members. 


248 


The  Sergeant-at-Arms  returned  and  reported  that  he  had 
notified  the  absent  members  who  were  in  the  city. 

On  motion  of  Mr.  Stirling, 

Further  proceedings  under  the  call  were  dispensed  with. 
Mr.  Clarke  moved  that  the  Convention  do  now  adjourn, 
Decided  in  the  negative  by  yeas  and  nays  as  follows: 

Affirmative. 


Messrs.  Belt, 

Dent, 

Miller, 

Chambers, 

Clarke, 

Mitchell, 

Negative. 

Wilmer — 7. 

Messrs. 

Hatch, 

Purnell, 

Goldsborough,  P.’t 

Plebb, 

Russell, 

Abbott, 

Hoffman, 

Schley, 

Annan, 

Audoun, 

Hopkins, 

Scott, 

Hopper, 

Jones,  of  Cecil, 

Smith,  of  Carroll. 

Baker, 

Sneary, 

Carter,  „ 

Keefer, 

Stirling, 

Stockbridge, 

Cunninghan, 

McComas, 

Cushing, 

Mullikin, 

Swope, 

Daniel, 

Murray, 

Sykes, 

Davis,  of  Wash., 

Noble, 

Todd, 

Dellinger, 

Nyman, 

Yalliant, 

Earle, 

Parker, 

Wickard, 

Ecker, 

Galloway, 

Pugh, 

Wooden — 42. 

Mr.  Hebb  moved  a  call  of  the  Convention  ; 

The  call  being  sustained, 

The  roll  was  called 

,  and  the  following 

members  responded : 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Au- 
doun,  Baker,  Belt,  Brown,  Carter,  Chambers,  Clarke,  Cun¬ 
ningham,  Cushing,  Daniel,  Davis,  of  Washington,  Dellinger, 
Dent.  Earle,  Ecker,  Galloway,  Hatch,  Hebb,  Hoffman,  Hop¬ 
kins,  Hopper,  Jones,  of  Cecil,  Keefer,  McComas,  Mitchell, 
Miller,  Mullikin,  Murray,  Noble,  Nyman,  Parker,  Pugh, 
Purnell,  Russell,  Schley,  Scott,  Smith,  of  Carroll,  Sneary, 
Stirling,  Stockbridge,  Swope,  Sykes,  Todd,  Yalliant,  Wick- 
ard,  Wilmer,  Wooden — 50. 

On  motion  of  Mr.  Stirling, 

Further  proceedings  under  the  call  were  dispensed  with. 


249 


Mr.  Stirling  called  the  previous  question. 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  resolution 
submitted  by  Mr.  Cushing, 

It  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Purnell, 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr.  Far¬ 
row,  of  Worcester  county,  is  detained  from  his  seat  in  the 
Convention  on  account  of  indisposition. 

The  Convention  proceeded  with  the  consideration  of  the 
Report  of  the  Committee  on  the  Legislative  Department. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Daniel,  to  wit:  Section  9.  Strike  out  all  be¬ 
tween  the  word  “no,”  in  the  first  line,  and  the  word  “per¬ 
son,”  in  the  third  line. 

Mr.  Todd  called  the  previous  question. 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Daniel, 

Mr.  Daniel  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmatvie. 


Messrs.  Abbott, 


Annan, 

Baker, 

Carter, 


Hoffman. 

j 

Hopkins, 

Hopper, 


Russell, 

Schley, 

Scott, 


Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash. 
Dellinger, 

Earle, 

32 


Jones,  of  Cecil 

Keefer, 

McComas, 


Sneary, 

Stirling, 


Smith  of  Car. 


Mullikin, 
Murray, 
Noble,  ' 
Nvman, 


Stockbridge, 


Swope, 

Sykes, 

Todd, 


250 


Ecker, 

Galloway, 

Hatch, 


Parker, 

Pugh, 

Purnell, 


Yalliant, 
Wickard, 
Wooden — 40. 


Hebb 


Messrs. 


Negative. 

Brown, 


Mitchell, 
Miller, 
Wilmer — 10. 


Goldsborough,P’t  Chambers, 


Audoun, 

Belt, 


Clarke, 

Dent, 


So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 

Mr.  Schley  submitted  the  following  amendment: 

Sec.  9,  in  line  4,  after  the  word  “State,”  insert  the  words 
“except  Justices  of  the  Peace.” 

Decided  in  the  affirmative. 

Mr.  Belt  submitted  the  following  amendment : 


Section  9,  add  the  words  “'unless  after  his  election  as  such 

Senator  or  Delegate  he  shall  resign  his  said  civil  office  of 
profit  or  of  profit  and  trust.” 

Decided  in  the  negative. 

Mr.  Miller  submitted  the  following  amendment: 

Section  15,  6th  line,  strike  out  the  words  “or  repealed,” 
and  in  the  5th  line,  insert  the  word  “or”  after  the  word 
“revived.” 

Decided  in  the  affirmative. 

Mr.  Belt  submitted  the  following  amendment : 

Section  15,  add  the  words:  “And  it  shall  he  the  duty  of 
the  General  Assembly,  at  every  regular  session,  to  provide 
by  law  for  the  publication  of  a  new  edition  of  the  Code  of 
Public  General  Laws,  which  shall  embrace  all  the  alterations 
made  in  the  same  by  law  up  to  the  time  of  such  publica¬ 


tion.  ” 


Decided  in  the  negative. 

Mr.  Chambers  submitted  the  following  amendment  ; 

Sec.  16,  line  3,  strike  out  the  word  “three”  and  insert  the 
word  “ten.” 

Decided  in  the  affirmative. 


251 


Mr.  Scott  submitted  the  following  amendment: 

Section  16,  after  the  word  “other,”  in  the  3d  line,  insert 
the  words  “and  Public  General  Laws  shall  always  have  pre¬ 
cedence  over  Local  Laws  and  the  latter  shall  have  precedence 
over  all  private  bills.” 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Chambers, 

The  Convention  adjourned. 


MONDAY,  July  lltli,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following  : 

Messrs.  Audoun,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Bond, 
Briscoe,  Brooks,  Carter,  Crawford,  Cunningham,  Cushing, 
Dail,  Daniel,  Davis,  of  Charles,  Dennis,  Duvall,  Farrow, 
Gale,  Greene,  Harwood,  Hatch,  Henkle,  Hodson,  Hopper, 
Horsey,  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer, 
Kennard,  Lansdale,  Larsli,  Lee,  Mace,  Marbury,  Markey, 
Mayhugh,  McComas,  Miller,  Morgan,  Negley,  Noble,  Ny¬ 
man,  Parker,  Parran,  Peter,  Ridgely,  Robinette,  Sands, 
Schley,  Schlosser,  Smith,  of  Carroll,  Smith,  of  Dorchester, 
Smith,  of  Worcester,  Sneary,  Stirling,  Stockbridge,  Swope, 
Thruston,  Turner,  Valliant,  Wilmer — 65. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Purnell, 

The  Convention  adjourned. 


252 


TUESDAY,  July  12th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following  : 

Messrs.  Audoun,  Baker,  Barron,  Belt,  Berry,  of  Baltimore 
county,  Berry,  of  Prince  George’s,  Billingsley,  Bond,  Brooks, 
Carter,  Crawford,  Cushing,  Dail,  Daniel,  Davis,  of  Charles, 
Dennis,  Duvall,  Ecker,  Farrow,  Gale,  Greene,  Hatch,  Hebb, 
Hodson,  Hoifman,  Hopper,  Horsey,  Johnson,  Jones,  of  Som¬ 
erset,  Keefer,  Kennard,  King,  Lansdale,  Larsh,  Lee,  Mace, 
.Marbury,  Mayhugh,  McComas,  Miller,  Morgan,  Negley,  No¬ 
ble,  Nyman,  Parker,  Peter,  Pugh,  Ridgely,  Robinette,  Sands, 
Schley,  Schlosser,  Smith,  of  Carroll,  Smith,  of  Dorchester, 
Smith,  of  Worcester,  Sneary,  Stirling,  Stockbridge,  Swope, 
Thomas,  Thruston,  Turner,  Valliant,  Wiekard,  Wilmer, 
Wooden — 66. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Todd, 

The  Convention  adjourned. 


WEDNESDAY,  July  13th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following : 

• 

Messrs.  Abbott,  Annan,  Audoun,  Baker,  Barron,  Belt, 
Berry,  of  Baltimore  county,  Berry,  of  Prince  George’s,  Bil¬ 
lingsley,  Blackiston,  Bond,  Brooks,  Carter,  Chambers,  Clarke, 
Crawford,  Cunningham,  Cushing,  Dail,  Daniel,  Davis,  of 
Charles,  Davis,  of  Washington,  Dellinger,  Dennis,  Duvall, 
Ecker,  Edelen,  Farrow,  Gale,  Galloway,  Greene,  Hatch, 
Hebb,  Henkle,  Hodson,  Hoffman,  Holly  day,  Hopper,  Horsey, 


253 

Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Ken- 
nard,  King,  Lansdale,  Larsh,  Lee,  Mace,  Marbury,  Markey, 
Mayhugh,  McComas,  Mitchell,  Miller,  Morgan,  Mullikin, 
Murray,  Negley,  Noble,  Nyman,  Parker,  Parran,  Peter, 
Pugh,  Purnell,  Ridgely,  Robinette,  Russell,  Sands,  Schley, 
Schlosser,  Smith,  of  Carroll,  Smith,  of  Dorchester,  Smith,  of 
Worcester,  Sneary,  Stirling,  Stockbridge,  Swope,  Sykes, 
Thomas,  Thruston,  Todd,  Turner,  Valliant,  Wickard,  Wil- 
mer,  Wooden — 88. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Scott, 

The  Convention  adjourned. 


THURSDAY,  July  14th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following; 

Messrs.  Abbott,  Annan,  Audoun,  Baker,  Barron,  Belt, 
Berry,  of  Baltimore  county,  Billingsley,  Blackiston,  Bond, 
Brooks,  Brown,  Carter,  Chambers,  Crawford,  Cunningham, 
Cushing,  Dail,  Daniel,  Davis,  of  Charles,  Davis,  of  Wash¬ 
ington,  Dellinger,  Dennis,  Duvall,  Ecker,  Farrow,  Gale, 
Galloway,  Greene,  Hatch,  Hebb,  Henkle,  Hodson,  Hoffman, 
Hollyday,  Hopkins,  Hopper,  Horsey,  Johnson,  Jones,  of 
Cecil,  Jones,  of  Somerset,  Keefer,  Kennard,  King,  Lansdale, 
Larsh,  Lee,  Mace,  Marbury,  Markey,  Mayhugh,  McComas, 
Miller,  Morgan,  Mullikin,  Murray,  Negley,  Noble,  Nyman, 
Parker,  Parran,  Peter,  Pugh,  Purnell,  Ridgely,  Robinette, 
Russell,  Sands,  Schley,  Schlosser,  Smith,  of  Carroll,  Smith, 
of  Dorchester,  Smith,  of  Worcester,  Sneary,  Stirling,  Stock- 
bridge,  Swope,  Sykes,  Thomas,  Thruston,  Todd,  Turner, 
Valliant,  Wickard,  Wilmer,  Wooden — 86. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Scott, 

The  Convention  adjourned. 


« 


254 


FRIDAY,  July  15th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Davenport. 

All  the  members  present  except  the  following : 

Messrs.  Abbott,  Annan,  Audoun,  Baker,  Barron,  Belt, 
Berry,  of  Baltimore  county,  Berry,  of  Prince  George’s,  Bil¬ 
lingsley,  Blackiston,  Bond,  Briscoe,  Brooks,  Brown,  Carter, 
Chambers,  Clarke,  Crawford,  Cunningham,  Cushing,  Dail, 
Daniel,  Davis,  of  Charles,  Davis,  of  Washington,  Dellinger, 
Dennis,  Duvall,  Ecker,  Farrow,  Gale,  Galloway,  Greene, 
Hatch,  Hebb,  Henkle,  Hodson,  Hoffman,  Hollyday,  Hopper, 
Horsey,  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer, 
Kennard,  King,  Lansdale,  Larsh,  Lee,  Mace,  Markey,  May- 
hugh,  McComas,  Miller,  Morgan,  Negley,  Noble,  Nyman, 
Parker,  Parran,  Peter,  Pugh,  Purnell,  Ridgely,  Robinette, 
Russell,  Sands,  Schley,  Schlosser,  Smith,  of  Carroll,  Smith, 
of  Dorchester,  Smith,  of  Worcester,  Sneary,  Stirling,  Stock- 
bridge,  Swope,  Sykes,  Thomas,  Thruston,  Todd,  Turner, 
Yalliant,  Wickard,  Wilmer,  Wooden — 85. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Scott, 

The  Convention  adjourned. 


SATURDAY,  July  16th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar, 

All  the  members  present  except  the  following : 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Au¬ 
doun,  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Bond, 
Briscoe,  Brooks,  Brown,  Carter,  Chambers,  Clarke,  Craw- 


255 


ford,  Cunningham,  Cushing,  Dail,  Daniel,  Davis,  of  Charles, 
Davis,  of  Washington,  Dellinger,  Dennis,  Duvall,  Earle, 
Ecker,  Farrow,  Gale,  Green,  Harwood,  Hatch,  Hebb,  Iienkle, 
Hodson,  Hoffman,  Holly  day,  Hopper,  Horsey,  Johnson, 
Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Kennard,  King, 
Lansdale,  Larsh,  Lee,  Mace,  Markey,  Mayhugh,  McComas, 
Morgan,  Mullikin,  Negley,  Noble,  Nyman,  Parker,  Parran, 
Peter,  Pugh,  Purnell,  Ridgely,  Robinette,  Russell,  Sands, 
Schley,  Schlosser,  Smith,  of  Carroll,  Smith,  of  Dorchester, 
Smith,  of  Worcester,  Sneary,  Stirling,  Stockbridge,  Swope, 
Sykes,  Thomas,  Thruston,  Todd,  Turner,  Yalliant,  Wickard, 
Wilmer,  Wooden — 87. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Galloway, 

The  Convention  adjourned. 


MONDAY,  July  18th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Goldsbcrough,  (President,)  Abbott,  Annan,  Au- 
doun,  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Bond, 
Briscoe,  Brooks,  Brown,  Carter,  Chambers,  Clarke,  Craw¬ 
ford,  Cunningham,  Cushing,  Dail,  Daniel,  Davis,  of  Charles, 
Davis,  of  Washington,  Dellinger,  Dennis,  Duvall,  Earle, 
Ecker,  Farrow,  Gale,  Greene,  Harwood,  Hatch,  Hebb, 
Henkle,  Hodson,  Hoffman,  Hollyday,  Hopper,  Horsey,  John¬ 
son,  Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Kennard, 
King,  Lansdale,  Larsh,  Lee,  Mace,  Marbury,  Markey,  May¬ 
hugh,  McComas,  Miller,  Morgan,  Mullikin,  Negley,  Noble, 
Nyman,  Parker,  Parran,  Peter,  Pugh,  Purnell,  Ridgely, 
Robinette,  Russell,  Sands,  Schley,  Schlosser,  Smith,  of  Car- 
roll,  Smith,  of  Dorchester,  Smith,  of  Worcester,  Sneary, 
Stirling,  Stockbridge,  Swope,  Sykes,  Thomas,  Thruston, 
Todd,  Turner,  Yalliant,  Wickard,  Wilmer,  Wooden — 89. 


256 


There  being  no  quorum  present. 
On  motion  of  Mr.  Galloway, 
The  Convention  adjourned. 


TUESDAY,  July  19,  1864. 

4 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following : 

Messrs.  Baker,  Belt,  Berry,  of  Baltimore  county,  Berry,  of 
Prince  George’s,  Billingsley,  Blackiston,  Bond,  Briscoe, 
Brooks,  Brown,  Clarke,  Cunningham,  Dellinger,  Duvall, 
Farrow,  Gale,  Greene,  Hebb,  Hodson,  Hoffman,  Horsey, 
Jones,  of  Cecil,  Keefer,  Kennard,  Lansdale,  Marbury,  May- 
hugh,  Negley,  Noble,  Parran,  Peter,  Purnell,  Robinette, 
Schlosser,  Smith,  of  Carroll,  Smith,  of  Worcester,  Sneary, 
Swope,  Thomas,  Thruston,  Todd,  Turner,  Valliant,  Wil- 
mer — 44. 

The  proceedings  of  the  previous  days’  sessions  were  read 
and  approved. 

Mr.  Holliday  presented  two  petitions  from  George  Vickers, 
and  other  citizens  of  Kent  county,  praying  an  alteration  in 
the  sessions  of  the  Court  of  Appeals; 

Which  were  read  and  referred  to  the  Committee  on  the  Ju¬ 
diciary. 

On  motion  of  Mr.  Morgan, 

o  >  « 

It  was  ordered  to  be  entered  on  the  Journal  that  Chapman 
Billingsley,  member  from  St.  Mary’s  county,  is  detained  from 
his  seat  in  the  Convention  in  consequence  of  indisposition. 

Mr.  Pugh  submitted  the  following  order: 

Ordered,  That  the  thanks  of  this  Convention  be  tendered  to 
the  President,  and  to  Messrs.  Scott,  Earle,  Murray,  Dent, 
Edelin  and  other  members  of  the  Convention  for  remaining 


257 


at  Annapolis  during  the  recent  raid,  and  by  their  presence 
keeping  alive  the  legal  existence  of  this  Convention. 

Which  was  adopted. 

Mr.  Hatch  submitted  the  following  order : 

Ordered,  That  the  thanks  of  this  Convention  (representing 
as  it  does  the  people  of  Maryland)  are  hereby  tendered  to  the 
old  citizen  and  patriot  of  Baltimore  county,  Ishmael  Day,  for 
the  heroic  and  gallant  act  in  shooting  down  the  traitor  who 
dared  to  pull  down  the  Country’s  Flag,  which  he  had  raised 
as  an  evidence  of  his  loyalty  and  patriotism,  which  act  of  da¬ 
ring  heroism  meets  the  approbation  of  the  heart  and  consci¬ 
ence  every  loyal  citizen  of  Maryland. 

Which  was  adopted. 

Mr.  Barron  submitted  the  following  order  : 

Ordered,  That  it  be  entered  on  the  Journal  that  John  Bar¬ 
ron  would  have  been  in  his  seat  the  last  week,  but  for  the 
thieves  and  Hunk  robbers  invading  Maryland  ; 

Which  was  adopted. 

Mr.  Schley  submitted  the  following  order: 

Ordered,  That  this  Convention,  representing  the  people  of 
Maryland,  hereby  respectfully  request  the  President  of  the 
United  States  and  the  Commandants  of  the  Military  Depart¬ 
ments  in  which  Maryland  is  included,  as  an  act  of  justice  and 
propriety,  to  assess  upon  known  sympathisers  with  the  re¬ 
bellion,  resident  in  this  State,  the  total  amount  of  all  losses 
and  spoliations  sustained  by  loyal  citizens  of  the  United 
States  resident  in  this  State,  by  reason  of  the  recent  rebel 
raid,  to  compensate  loyal  sufferers  ; 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Dent  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Affirmative. 

Galloway, 

Parker, 

Goldsborough,  P’t 

Hatch, 

Pugh, 

Ridgely, 

Abbott, 

Hopkins, 

Annan, 

Audoun, 

Hopper, 

Russell, 

King, 

Sands, 

Barron, 

Larsh, 

Schley, 

33 

258 


i 


Carter, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Earle, 

Ecker, 


Messrs. 

Belt, 

Chambers, 

Dail, 

Davis,  of  Charles, 
Dennis, 


Markey, 

McComas, 

Mullikin, 

Murray, 

Nyman, 

Negative. 

Dent, 

Edelen, 

Henkle, 

Hollyday, 

Johnson, 

Jones,  of  Som., 


Scott, 
Stirling, 
Stockbridge, 
Wickard, 
Wooden — 33. 


Lee, 

Mace, 

Mitchell, 

Miller, 

Morgan, 

Smith  of  Dor. -17. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  unfinished  business,  being  the  Report  of  the  Commit¬ 
tee  on  the  Legislative  Department, 


Was  taken  up. 

The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Scott,  to  wit : 

Section  16,  after  the  word  “other,”  in  the  3rd  line,  insert 
the  words  “and  Public  General  Laws  shall  always  have  pre¬ 
cedence  oyer  Local  Laws,  and  the  latter  shall  have  precedence 
over  all  private  bills 


It  was  decided  in  the  negative. 

Mr.  Stockbridge  submitted  the  following  amendment : 
Section  19.  Amend  by  striking  out  the  section  and  insert- 


The  Legislature  shall  not  pass  local  or  special  laws  in  any 
of  the  following  enumerated  cases,  viz  : 

For  the  punishment  of  crimes  and  misdemeanors,  regulat¬ 
ing  the  practice  of  Courts  of  Justice,  or  authorizing  or  di¬ 
recting  the  trial  of  any  case  in  any  Court ; 


For  the  assessment  and  collection  of  taxes  for  State  or 
County  purposes,  or  extending  the  time  for  the  collection  of 
taxes ; 

Providing  for  the  support  of  public  schools,  the  preserva¬ 
tion  of  school  funds,  the  location  or  the  regulation  of  school 
houses  ; 


259 


Granting  divorces  ; 

Changing  the  names  of  persons  ; 

Conferring  rights  of  citizenship  upon  minors  or  foreigners ; 

Relating  to  fees  or  salaries  ; 

Relating  to  the  interest  on  money; 

Providing  for  regulating  the  election  or  compensation  of 
State  or  County  officers,  or  designating  the  places  of  voting  ; 

Providing  for  the  sale  of  real  estate  belonging  to  minors 
or  other  persons  laboring  under  legal  disabilities,  by  execu- 
cutors,  administrators,  guardians  or  trustees  ; 

Giving  effect  to  informal  or  invalid  deeds  or  wills  ; 

Refunding  money  paid  into  the  State  Treasury,  or  releas¬ 
ing  persons  from  their  debts  or  obligations  to  the  State ; 

Or  establishing,  locating  or  affecting  the  construction  of 
roads. 

On  motion  of  Mr.  Stockbridge, 

The  consideration  of  the  amendment  was  informally  passed 
over. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Section  20,  strike  out  from  the  word  “discharged,”  in  line 
seven,  to  the  word  “dollars,”  in  line  nine: 

Decided  in  the  affirmative. 

Mr.  Miller  submitted  the  following  amendment : 

Section  21,  amend  by  adding  to  tbe  end  of  the  section  the 
words  “except  in  cases  specially  provided  for  in  this  Consti¬ 
tution  ;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Pugh  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 


Affirmative. 

Dent, 


Miller, 

Morgan 

Ridgely 

Schley, 


Goldsborou  gh ,  P  ’  t  Earle, 


Belt, 


Edelen, 

Harwood, 


Carter 


260 


Chambers, 

Henkle, 

Smith,  of  Dor. 

Crawford, 

Rollyday, 

Stirling, 

Daniel, 

Mitchell, 

Negative. 

Stockbridge — 

essrs. 

Hatch, 

Mullikin, 

Abbott, 

Hopkins, 

Murray, 

Annan, 

Hopper, 

Nyman, 

Barron, 

Johnson, 

Jones,  of  Som. 

Parker, 

Cushing, 

Pugh, 

Dail, 

King, 

Russell, 

Davis,  of  Charles, 

Larsh, 

Sands, 

Davis,  of  Wash., 

Lee, 

Scott, 

Dennis, 

Mar  key, 

Wickard, 

Ecker, 

Galloway, 

McComas, 

Wooden — 30. 

* 

• 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

Section  21,  add  to  the  end  of  the  section  the  words  “pro¬ 
vided  all  salaries  or  compensations  shall  be  paid  in  specie  or 
its  equivalent,  at  the  option  of  the  officer  ; 

Decided  in  the  negative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Section  22,  strike  out  all  after  the  word  “term,”  in  line  5. 

Decided  in  the  negative. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Section  22,  line  5,  strike  out  the  words  “said  term,”  and 
insert  the  words  “the  time  he  shall  continue  to  be  a  Senator 
or  Delegate.” 

Decided  in  the  negative. 

Mr.  Stirling  submitted  the  following  amendment: 

Section  22,  strike  out  all  after  the  word  “term,”  in  line  5, 
and  insert  the  words  “or  shall  during  said  whole  period  of 
time  be  appointed  to  any  civil  office  by  the  Executive  or 
General  Assemblv.” 

V 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 


261 


Strike  out  section  24. 

Decided  in  the  affirmative. 

Mr.  Chambers  submitted  the  following  amendment : 

Section  26,  strike  out  in  the  last  line  the  words  “or  duty,” 
and  insert  the  word  “thereof.” 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Section  26,  amend  by  adding  to  the  end  of  the  section  the 
words  “but  shall  not  by  special  act  cancel  or  annul  any  bond 
which  for  any  purpose  has  been  executed  to  the  State  of  Ma¬ 
ryland.” 

Decided  in  the  negative. 

Mr.  Chambers  submitted  the  following  amendment : 

Section  27,  line  11,  strike  out  the  words  “making  it,”  and 
insert  the  words  “so  resigning  or  refusing  to  act.” 

Decided  in  the  affirmative. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

Section  27,  line  8,  strike  out  the  word  “ten,”  and  insert 
the  word  “five.” 

Decided  in  the  negative. 

Mr.  Ridgely  submitted  the  following  amendment: 

Section  29,  line  4,  strike  out  the  word  “public.” 

Decided  in  the  negative. 

Mr.  Belt  submitted  the  following  amendment : 

Section  30,  add  to  end  of  section  the  words  “but  no  law 
shall  be  passed  disfranchising  any  persons  or  disqualifying 
any  persons  from  holding  office,  except  such  persons  as  may 
be  duly  convicted  under  the  laws  of  this  State  or  of  the 
United. States,  before  the  proper  judicial  tribunals  of  the 
same,  of  some  crime  of  the  degree  of  felony.” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Belt  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows: 


262 


Affirmative. 


Messrs.  Belt, 
Chambers, 

Dail, 

Davis,  of  Charles, 
Dennis, 

Dent, 


Edelen, 

Harwood, 

Henkle, 

Hollyday, 

Johnson, 


Jones,  of  Som., 
Lee, 

Mitchell, 

Miller, 

Morgan — 16. 


Negative. 


Messrs. 

Galloway, 

Pugh, 

Goldsborough,  P’t 

Hatch, 

Ridgely, 

Abbott, 

Hopkins, 

Russell. 

s 

Audoun, 

Hopper, 

Sands, 

Barron, 

King, 

Schley, 

Carter, 

Larsh, 

Scott, 

Cunningham, 

Markey, 

Stirling, 

Cushing, 

McComas, 

Stockbridge, 

Daniel, 

Mullikin, 

Sykes, 

Davis,  of  Wash., 

Murray, 

Wickard, 

Earle, 

Nyman, 

Wooden — 34. 

Ecker, 

Parker, 

So  the  question  upon  its  adoption  was  decided  in  th< 
negative. 

Mr.  Stockb  ridge  submitted  the  following  amendment : 

Section  30,  line  2,  strike  out  the  word  “or”  and  insert  thi 
word  “and.” 

Decided  in  the  affirmative. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend 
ment : 

Section  30,  strike  out  all  after  the  word  “elections,”  in  tin 
2d  line. 

Decided  in  the  negative. 

On  motion  of  Mr.  Miller, 

The  31st  section  was  informally  passed  over. 

Mr.  Chambers  submitted  the  following  amendment: 

Strike  out  section  35. 

Decided  in  the  negative. 

Mr.  King  submitted  the  following  amendment  : 


263 


Section  36,  line  1,  strike  out  the  word  “shall,”  and  insert 
the  word  “may.” 

Decided  in  the  negative. 

Mr.  Chambers  submitted  the  following  amendment : 

Section  39,  line  1,  strike  out  the  words  “lease  or  other¬ 
wise  dispose  of.” 

Decided  in  the  affirmative. 

Mr.  Wickard  submitted  the  following  amendment : 

Section  39,  after  the  word  “creditors,”  in  the  3d  line,  in¬ 
sert  the  words  “as  also,  all  the  stocks  the  State  may  hold  in 
the  banking  institutions  of  this  State.” 

Decided  in  the  negative. 

On  motion  of  Mr.  Sands, 

The  further  consideration  of  section  thirty-nine  was  in¬ 
formally  passed  over. 

On  motion  of  Mr.  Jones,  of  Somerset, 

The  consideration  of  section  forty  was  informally  passed 
over. 

On  motion  of  Mr.  Belt, 

The  Convention  adjourned. 


WEDNESDAY,  July  20,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Kev.  Dr.  Harman. 

All  the  Members  present  except  the  following  : 

Messrs.  Baker,  Berry,  of  Baltimore  county,  Berry,  of 
Prince  G-eorge’s,  Billingsley,  Blackiston,  Bond,  Briscoe, 
Brown,  Clarke,  Dellinger,  Dennis,  Edelen,  Farrow,  Gale, 
Greene,  Hebb,  Hodson,  Horsey,  Jones,  of  Cecil,  Kennard, 


264 


Lansdale,  Mace,  Marbury,  Mayhugh,  Negley,  Noble,  Parran, 
Peter,  Purnell,  Robinette,  Schlosser,  Scott,  Smith,  of  Carroll, 
Smith,  of  Worcester,  Thruston,  Todd,  Turner,  Yalliant, 
Wilmer — 40. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Sands  submitted  the  following  order : 

Ordered,  That  the  President  of  the  Convention  transmit  to 
the  President  of  the  United  States,  and  to  the  Military  Com¬ 
mandant  of  this  Department,  and  to  the  Governor  of  Mary¬ 
land,  certified  copies  of  the  order  adopted  yesterday  in  rela¬ 
tion  to  the  spoliations  made  by  the  Rebels  during  their  late 
raid  into  Maryland. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Schley  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Galloway, 

Pugh, 

Goldsborough,  P’t 

Hatch, 

Ridgely, 

Abbott, 

Hoffman, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Audoun, 

Hopper, 

Schley, 

Barron, 

Keeler, 

Sneary, 

Brooks, 

Larsh, 

Markey, 

Stirling, 

Carter, 

Stockbridge, 

Cunningham, 

McComas, 

Swope, 

Cushing, 

Mullikin, 

Sykes, 

Daniel, 

Murray, 

Thomas, 

Wickard, 

Davis,  of  Wash., 

Nyman, 

Earle, 

Ecker, 

Parker, 

Negative. 

Wooden — 39. 

Messrs.  Belt, 

Harwood, 

Lee, 

Chambers, 

Henkle, 

Mitchell, 

Crawford, 

Hollyday, 

Miller, 

Dail, 

Johnson, 

Morgan, 

Davis,  of  Charles, 
Dent, 

Jones,  of  Som., 

Smith  of  Dor. -16. 

So  tlie  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  question  recurring  upon  the  adoption  ot‘  the  order, 

Mr.  Chambers  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Galloway, 

Pugh, 

Goldsborough,  P’ t 

Hatch, 

Ridgely, 

Abbott, 

Hoffman, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Audoun, 

Hopper, 

Schley, 

Barron, 

Keefer, 

Sneary, 

Stirling, 

Brooks, 

King, 

Carter, 

Larsh, 

Stockbridge, 

Cunningham, 

Markey, 

Swope, 

Cushing, 

McComas, 

Sykes, 

Daniel, 

Mullikin, 

Thomas, 

Davis,  of  Wash., 

Murray, 

Wickard, 

Earle, 

Nyman, 

Wooden — 40. 

Ecker, 

v 

Parker, 

Negative. 

Messrs.  Belt, 

Harwood, 

Lee, 

Chambers, 

Crawford, 

Henkle, 

Mitchell, 

Holly  day, 

Miller, 

Dail, 

Johnson, 

Morgan, 

Davis,  of  Charles, 
Dent, 

Jones,  of  Som., 

Smith  of  Dor. -16. 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

On  motion  of  Mr.  Mulliken, 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr.  Val- 

liant,  of  Talbot,  having  been  drafted,  is  absent  from  his  seat 
in  this  body  in  order  that  he  may  procure  a  substitute. 

Mr.  Stirling  submitted  the  following  resolutions  : 

Whereas,  There  is  in  Maryland  a  class  of  persons  whose 
desire  for  the  success  of  the  rebel  arms  is  a  matter  of  public 
notoriety,  who  have  been  demonstrated  more  clearly  by  the 
recent  invasion  to  be  the  inviters  of  rebel  raids,  the  guides, 
welcomers  and  entertainers  of  rebel  soldiers,  who  have  re- 

34 


,266 

joiced  at  the  burning  of  our  houses  and  the  plunder  of  our 
property,  who  only  want  the  opportunity  to  place  the  lives 
and  property  of  loyal  people  at  the  merc}r  of  their  rebel 
friends,  by  pointing  them  out  for  destruction,  and  under  the 
protection  of  the  rebel  army  usurp  the  government  of  the 
{State  ;  and  whereas,  the  experience  of  the  past  two  weeks 
now  clearly  shows  that  the  presence  of  such  persons  in  our 
midst  in  time  of  war  is  no  longer  to  be  tolerated,  and  justice 
to  ourselves,  our  families  and  our  country,  no  less  than  to 
weak  minded  disloyalists  themselves,  the  only  hope  of  whose 
reclamation  is  in  a  vigorous  policy,  requires  that  the  sternest 
justice  should  at  once  be  meted  out  to  those  who  persistently 
refuse  to  obey  the  laws,  and  the  active  and  dangerous  class  be 
separated  from  the  peaceable  and  loyal,  by  the  exercise  of  the 
undoubted  power  of  the  Government  to  arrest  and  detain 
dangerous  persons  during  times  of  war  ; 

Therefore  resolved,  That  this  Convention,  on  the  part  of 
the  loyal  people  of  Maryland,  demands  of  the  Government  of 
the  United  States  that  all  adult  citizens  of  this  State,  who 
shall  refuse  to  register  on  oath  their  allegiance,  submission 
and  obedience  to  the  United  States,  and  thus  persist  in  the 
position  of  public  enemies,  and  all  persons  who  shall  be 
proved  to  have  taken  part  with  or  openly  expressed  their 
sympathy  with  the  recent  invasion  of  the  State,  shall  be 
banished  beyond  the  lines  of  the  army,  or  imprisoned  during 
the  war ; 

Resolved,  That  the  President  of  this  Convention  transmit 
certified  copies  of  this  preamble  and  resolutions  to  the  Presi¬ 
dent  of  the  United  States  and  to  the  commanders  of  the  mili¬ 
tary  departments  in  which  Maryland  is  embraced  ; 

Which  were  read  the  first  time. 

On  motion  of  Mr.  Thomas, 

It  was  ordered  to  be  entered  on  the  Journal  that  had  Mr. 
Thomas,  of  Baltimore  city,  and  Mr  Sykes,  of  Howard,  been 
in  their  seats  on  yesterday,  they  would  have  voted  in  favor  of 
the  order  of  Mr.  Hatch,  tendering  the  thanks  of  this  Con¬ 
vention  to  the  citizen  and  patriot,  Ishmael  Day,  for  his  heroic 
act  in  shooting  the  traitor  who  dared  to  pull  down  the  Ameri¬ 
can  flag  ;  and  would  also  have  voted  in  favor  of  the  order  of 
Mr.  Schley,  of  Frederick,  requesting  the  President  and  the 
commandants  of  the  military  departments  to  assess  upon 
sympathisers  with  the  rebellion  residing  in  this  State  the 
total  amount  of  all  losses  sustained  by  the  loyal  citizens  of 
this  State  by  reason  of  the  recent  rebel  raid. 


Mr.  Belt  submitted  the  following  resolution  : 

Whereas,  By  the  21st  Article  of  the  existing  Declaration  of 
Rights  of  this  State,  it  is,  among  other  tilings,  provided  “that 
no  freeman  ought  to  be  taken  or  imprisoned,  or  disseized  of  his 
freehold,  liberties  or  privileges,  or  outlawed  or  exiled,  or  in  any 
manner  destroyed,  or  deprived  of  his  life,  liberty  or  property, 
but  by  the  judgment  of  his  peers  or  by  the  law  of  the  land;” 
and  whereas,  on  the  19th  instant,  this  Convention  did  adopt 
the  following  order,  to  wit:  “Ordered,  that  this  Convention, 
representing  the  people  of  Maryland,  hereby  respectfully  re¬ 
quest  .the  President  of  the  United  States  and  the  command¬ 
ants  of  the  military  departments  in  which  Maryland  is  in¬ 
cluded,  as  an  act  of  justice  and  propriety,  to  assess  upon 
known  sympathisers  with  the  rebellion,  resident  in  this  State, 
the  total  amount  of  all  losses  and  spoliations  sustained  by 
loyal  citizens  of  the  United  States  resident  in  this  State,  by 
reason  of  the  recent  rebel  raid,  to  compensate  loyal  sufferers;” 
and  whereas,  there  is  an  obvious  conflict  and  contradiction 
between  the  said  order  and  the  before  recited  Article  of  the 
Bill  of  Rights  ;  and  whereas,  the  subject-matter  of  the  said 
order  is  not  properly  within  the  purposes  for  which  this  Con¬ 
vention  was  called,  but  is  irrelevant  and  altogether  foreign  to 
the  same  ;  Therefore 

Resolved,  That  in  the  opinion  of  this  Convention,  the 
aforesaid  order  was  improvident!)7  passed,  and  that  the  same 
be  and  it  is  hereby  rescinded  ; 

Which  the  President  ruled  out  of  order. 

Mr.  Belt  appealed  from  the  decision  of  the  Chair. 

The  question  being, 

“Shall  the  decision  of  the  Chair  be  sustained?” 

Mr.  Belt  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 


Abbott, 

Annan, 

Audoun, 

Barron, 

Brooks, 

Carter, 


Hoffman, 

Hopkins, 

Hopper, 

Keefer, 


Harwood, 

Hatch, 


Pugh, 

Russell, 

Sands, 

Schley, 


Smith,  of  Dor., 


King, 


Sneary, 

Stirling, 


268 


Cunningham, 

Larsh, 

Stockbridge, 

Cushing, 

Markey, 

Swope, 

Daniel, 

McComas, 

Sykes, 

Thomas, 

Davis,  of  Wash., 

Mullikin, 

Earle, 

Murray, 

Wickard, 

Ecker, 

Nyman, 

Wooden — 40. 

Galloway, 

Parker, 

Negative. 

Messrs.  Belt, 

Henkle, 

Lee, 

Chambers, 

Hollyday, 

Mitchell, 

Crawford, 

Johnson, 

Miller, 

Davis,  of  Charles, 

Jones,  of  Som., 

Morgan — 13. 

Dent, 

So  the  decision  of  the  President  was  sustained. 

On  motion  of  Mr.  Markey, 

It  was  ordered  to  he  entered  on  the  Journal  that  Mr. 
Baker,  of  Frederick  county,  is  detained  from  his  seat  in  the 
Convention  by  sickness. 

The  Convention  then  proceeded  with  the  consideration  of 
the  Report  of  the  Committee  on  the  Legislative  Department. 

Mr.  Henkle  submitted  the  following  amendment : 

Section  41.  Amend  by  inserting  the  word  “white”  before 
the  word  “person,”  in  the  first  line  ; 

The  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Section  42.  Strike  out  all  after  “otherwise,”  in  line  six, 
and  insert  “the  hooks,  papers  and  accounts  of  all  hanks  shall 
he  open  to  inspection  under  such  regulations  as  may  be  pre¬ 
scribed  by  law ; 

Decided  in  the  affirmative. 

Mr.  Miller  submitted  the  following  amendment: 

Section  42.  Strike  out  the  words  “subscribed  for  and  not 
paid  in,”  in  the  5th  line  ; 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Stirling  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 


269 


The  yeas  and  nays  were  called ,  and  appeared  as  follows  : 


Affirmative. 

Messrs.  Belt, 

Hopkins, 

Pugh, 

Eidgely, 

Chambers, 

Hopper, 

Daniel, 

King, 

Sands, 

Davis,  of  Charles, 

Larsh, 

Smith,  of  Dor. 

Davis,  of  Wash., 

Lee, 

Sneary, 

Dent, 

McComas, 

Stockbridge, 

Earle, 

Mitchell, 

Swope, 

Sykes, 

Galloway, 

Miller, 

Hatch , 

Morgan, 

Thomas, 

Henkle, 

Nyman, 

Parker, 

Negative. 

Wickard, 

Hoffman, 

Hollyday, 

Wooden — 34. 

Messrs. 

Carter, 

Keefer, 

Goldsborough,  P’t 

Cunningham, 

Markey, 

Abbott, 

Cushing, 

Mullikin, 

Annan, 

Dail, 

Murray, 

Audoun, 

Ecker, 

Russell, 

Barron, 

Harwood, 

Schley, 

Brooks, 

Jones,  of  Som. 

Stirling — 20. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Schley  submitted  the  following  amendment : 

Sec.  42.  Insert  after  the  word  c ‘otherwise,”  in  the  6th  line, 
the  words  “and  on  the  further  condition,  that  said  charter, 
or  renewal  of  such  existing  corporation,  shall  not  authorize 
the  issue  of  paper  money  as  a  circulating  medium  so  long 
as  the  United  States  shall  provide  by  law  a  National  paper 
currency. 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Pugh  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 

Messrs.  Galloway,  Nyman, 

Goldsborough,  P’t  Hatch,  Parker, 

Abbott,  Hopkins,  Sands, 

Annan,  Hopper,  Schley, 


270 


Audoun, 

Keefer, 

Stirling, 

Barron, 

King, 

Stockbridge,. 

Brooks, 

Markey, 

Swope, 

Carter, 

McComas, 

Sykes, 

Cunningham, 

Mullikin, 

Wickard, 

Cushing, 

Murray, 

Negative. 

W  ooden — 29. 

Messrs.  Belt, 

Ecker, 

Miller, 

Chambers, 

Harwood, 

Morgan, 

Crawford, 

Henkle, 

Pugh, 

Ridgely, 

Dail, 

Hoffman, 

Daniel, 

Hoi  1yd  ay, 

Russell, 

Davis,  of  Charles, 

Johnson, 

Smith,  of  Dor., 

Davis,  of  Wash., 

Jones,  of  Som. , 

Sneary, 

Dent, 

Lee, 

Mitchell, 

Thomas — 26. 

Earle, 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

Mr.  Ridgely  submitted  the  following  amendment : 

Section  42,  line  1,  after  the  word  “shall,”  insert  the  words 
“after  the  expiration  of  all  the  existing  bank  charters. 


Pending  the  consideration  of  which. 


Mr.  Pugh  moved  that  the  Convention  do  now  adjourn. 
The  question  being  on  the  adoption  of  the  motion, 
Mr.  Stirling  demanded  the  yeas  and  nays, 


The  demand  being  sustained, 


The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Gfoldsborough,  P’t 
Audoun, 

Barron, 

Belt, 

Brooks, 

Carter, 

Chambers, 

“  Crawford, 
Cunningham, 
Dail, 

Daniel, 

Davis,  of  Charles, 


Davis,  of  Wash 
Dent, 

Earle, 

Harwood, 

Hatch , 

Henkle, 

Holly  day, 
Johnson, 

Jones,  of  Sorn., 
King, 

Larsh , 

Lee, 

Markey, 


Mitchell, 

Miller, 

Morgan, 

Murray, 

Pugh, 

Ridgely, 

Russell, 

Sands, 

Smith,  of  Dor. 
Sneary, 
Stockbridge, 
Thomas, — 37. 


271 


Negative. 


Messrs.  Abbott 


Annan, 

Cushing, 

Ecker, 


Hopper, 

Keefer, 


Mullikin, 
Nyman , 


McComas, 


Parker, 

Schley, 

Stirling, 

Swope, 


Galloway, 

Hopkins, 


Wooden — IB. 


So  the  Convention  adjourned. 


THURSDAY,  July  21,  18B4. 


The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

V  4/ 

All  the  members  present  except  the  following  : 

Messrs.  Audoun,  Baker,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George's,  Billingsley,  Blackiston,  Bond, 
Briscoe,  Brown,  Clarke,  Dellinger,  Dennis,  Duvall,  Edelen, 
Farrow,  Gale,  Hebb,  Henkle,  Hodson,  Hoffman,  Horsey, 
Jones,  of  Cecil,  Lansdale,  Marbury,  Mayhugh,  Noble,  Par- 
ran,  Peter,  Purnell,  Ridgely,  Robinette,  Schlosser,  Scott, 
Smith,  of  Worcester,  Thomas,  Thruston,  Todd,  Turner, 
Valliant,  Wilmer — 40. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Stockbridge  submitted  the  following  order  : 

Ordered,  That  the  report  of  the  Committee  on  the* basis  of 
Representation  be  made  the  Order  of  the  Day  immediately 
after  the  conclusion  of  the  second  reading  of  the  Article  on 
the  Legislative  Department  ; 

Which  was  adopted. 

Mr.  Smith,  of  Carroll,  gave  notice  that  at  the  proper  time 
he  would  submit  the  following  amendment  to  the  report  of 
the  committee  on  the  Legislative  Department : 

Sec.  —  The  Legislature  shall  make  no  appropriation,  gift 
or  endowment,  directly  or  indirectly,  in  aid  of,  or  for  the  use 


272 


benefit  or  advantage  of  the  State  Agricultural  College,  or  of 
its  professors,  agents  or  employees,  or  any  of  them. 

Mr.  Pugh  submitted  the  following  order  : 

Ordered,  That  the  time  allowed  each  member  on  any  ques¬ 
tion  arising  on  the  pending  Report  of  the  Committee  on  the 
Legislative  Department,  be  limited  to  five  minutes,  and  that 
the  time  of  no  speaker  shall  be  extended  without  the  concur¬ 
rence  of  two  thirds  of  the  members  present  ; 

On  motion  of  Mr.  Abbott, 

The  order  was  laid  on  the  table. 

Mr.  Stirling  submitted  the  following  order : 

Ordered,  That  the  Convention  hereafter  hold  evening  ses¬ 
sions  at  8  o’clock,  on  the  evening  of  every  day  on  which  the 
Convention  shall  be  in  session  except  on  Saturdays  ; 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Stirling  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hoffman, 

Nyman, 

Parker, 

Gfoldsborough,  P’t 

Hopkins, 

Abbott, 

Hopper, 

Pugh, 

Annan, 

Keefer, 

Russell, 

Cunninghan, 

Kennard, 

Sands, 

Cushing, 

King, 

Schley, 

Daniel, 

Mace, 

Markey, 

Smith,  of  Carroll, 

Davis,  of  Wash., 

Snearv, 

Earle, 

McComas, 

Stirling, 

Ecker, 

Mullikin, 

Stockbridge, 

Galloway, 

Murray, 

Swope, 

Greene, 

Negley, 

Negative. 

Wooden — 35. 

Messrs. 

Davis,  of  Charles, 

Larsh, 

Barron, 

Dent, 

Lee, 

Belt, 

Harwood, 

Mitchell, 

Brooks, 

Hatch, 

Miller, 

Carter, 

Henkle, 

Morgan, 

Smith,  of  Dor. 

Chambers, 

Hollyday, 

Crawford, 

Johnson, 

Wickard — 22. 

Dail, 

Jones,  of  Som., 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Barron  moved  a  suspension  of  the  rules,  in  order  to 
take  up  the  resolutions  submitted  by  Mr.  Stirling,  on  yester¬ 
day,  in  reference  to  the  removal  beyond  the  lines  of  the  army 
of  sympathisers  with  the  rebellion  ; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Affirmative. 

Greene, 

Negley, 

Goldsborough,  P’t 

Hatch, 

Nyman, 

Abbott, 

Hoffman, 

Pugh, 

Annan, 

Hopkins, 

Russell, 

Barron, 

Brooks, 

Hopper, 

Sands, 

Keefer, 

Schley, 

Carter, 

Kennard, 

Smith,  of  Carroll, 

Cunningham, 

King, 

Sneary, 

Cushing, 

Larsh, 

Stirling, 

Daniel, 

Mace, 

Stockbriclge, 

Davis,  of  Wash., 

Markey, 

Swope, 

Earle, 

McComas, 

Wickard, 

Ecker, 

Mullikin, 

Wooden — 40. 

Galloway, 

Murray, 

Negative. 

* 

Messrs. 

Harwood, 

Mitchell, 

Belt, 

Henkle, 

Miller, 

Crawford, 

Hollyday, 

Morgan, 

Dail, 

Johnson, 

Parker, 

Davis,  of  Charles, 

Jones,  of  Som. 

Smith,  of  Dor. -16. 

Dent, 

Lee, 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


The  resolutions  were  then  read  the  second  time. 

Mr.  Belt  submitted  the  following  amendment : 

Add  to  the  end  of  the  first  resolution  the  words : 

Provided,  however,  that  nothing  contained  herein  shall  be 
taken  to  endorse  any  other  theory  of  the  existing  war  than 
that  expressed  in  the  resolution  of  Congress  of  July  1861, 

35 


274 


wherein  the  war  is  declared  to  he  prosecuted  not  in  any  spirit 
of  oppression,  or  for  any  purpose  of  conquest  or  subjugation, 
or  purpose  of  overthrowing  or  interfering  with  the  rights  or 
established  institutions  of  any  of  the  States,  hut  to  defend 
and  maintain  the  supremacy  of  the  Constitution  and  to  pre¬ 
serve  the  Union  with  all  the  dignity,  equality  and  rights  of 
the  several  States  unimpaired,  and  that  as  soon  as  these  ob¬ 
jects  are  accomplished,  the  war  ought  to  cease  ; 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Barron  called  the  previous  question  ; 

The  question  then  being, 

“Shall  the  main  question  be  now  put?” 

Mr.  Dent  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Greene, 

Negley, 

Goldsborough,  P't 

Hatch, 

Nyman, 

Abbott, 

Hoffman, 

Parker, 

Annau, 

Barron, 

Hopkins, 

Pugh, 

Hopper, 

Keefer, 

Bussell, 

Brooks, 

Sands, 

Carter, 

Kennard, 

Schley, 

Smith,  of  Carroll, 

Cunningham, 

King, 

Cushing, 

Larsh, 

Sneary, 

Daniel, 

Mace, 

Stirling, 

Davis,  of  Wash., 

Markey, 

Stockbridge, 

Earle, 

McComas, 

Swope, 

Ecker, 

Mullikin, 

Wickard, 

Galloway, 

Murray, 

Negative. 

Wooden — 41. 

Messrs. 

Dent, 

Lee, 

Belt, 

Harwood, 

Mitchell, 

Chambers, 

Henkle, 

Miller, 

Crawford, 

Holly  day, 

Morgan, 

Smith,  of  Dor. -16. 

Dail, 

Davis,  of  Charles, 

Johnson, 

Jones,  of  Som., 

So  the  call  for  the 

previous  question 

was  sustained. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Belt, 

275 


Mr.  Dent  demanded  tlie  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Davis,  of  Charles, 
Dent, 

Jones,  ofSom., 
Mitchell, 

Belt, 

Chambers, 

Crawford, 

Henkle, 

Miller, 

Hollyday, 

Morgan, 

Dail, 

Johnson, 

Negative. 

Smith,  of  Dor. -14. 

Messrs. 

Harwood, 

Nyman, 

Goldsborough,  P’t 

Hatch, 

Parker, 

Abbott, 

Holfman, 

Pugh, 

Annan, 

Hopkins, 

Russell, 

Barron, 

Hopper, 

Sands, 

Brooks, 

Keefer, 

Schley, 

Carter, 

Kennard, 

Smith,  of  Carroll, 

Cunningham, 

King, 

Sneary, 

Cushing, 

Larsh, 

Stirling, 

Daniel, 

Davis,  of  Wash. 

Lee, 

Stockbridge, 

Mar  key, 

Swope, 

Earle, 

McComas, 

Sykes, 

Ecker, 

Galloway, 

Greene, 

Mullikin, 

Wickard, 

Murray, 

Kegley, 

Wooden — 43. 

So  the  question  upon  its  adoption  was 

decided  in  the  nega- 

tive. 

The  question  then 

recurring  upon  the  i 

adoption  of  the  first 

resolution, 

Mr.  Jones,  of  Somerset,  demanded  the 
The  demand  being  sustained, 

yeas  and  nays. 

The  yeas  and  nays 

were  called,  and  appeared  as  follows : 

Affirmative. 

Messrs. 

Greene, 

Nyman, 

Goldsborough,  P’t 

Hatch, 

Parker, 

Abbott, 

Hoffman, 

Pugh, 

Annan, 

Hopkins, 

Russell, 

Barron, 

Brooks, 

Hopper, 

Sands, 

Keefer, 

Schley, 

Carter, 

Kennard, 

Smith,  of  Carroll, 

276 


Cunningham, 

King, 

Sneary, 

Cushing, 

Larsh, 

Stirling, 

Daniel, 

Markey, 

Stockbridge, 

Davis,  of  Wash. , 

McComas, 

Swope, 

Earle, 

Mullikin, 

Sykes, 

Ecker, 

Murray, 

Negley, 

Negative. 

Wickard, 

Galloway, 

Wooden — 41. 

Messrs. 

Dent, 

Lee, 

Belt, 

Harwood, 

Mitchell, 

Chambers, 

Crawford, 

Henkle, 

Miller, 

Hollyday, 

Morgan, 

Bail, 

Johnson, 

Smith,  of  Dor. -16. 

Davis,  of  Charles, 

Jones,  of  Som., 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 


The  second  resolution  was  then  adopted. 

The  question  then  being  on  the  adoption  of  the  preamble, 
On  motion  of  Mr.  Belt, 

The  subject  was  divided  ; 

The  question  being  on  the  adoption  of  the  first  clause  of 
the  preamble  to  wit  : 

“Whereas,  There  is  in  Maryland  a  class  of  persons  whose 
desire  for  the  success  of  the  rebel  arms  is  a  matter  of  public 
notoriety,  who  have  been  demonstrated  more  clearly  by  the 
recent  invasion  to  be  the  inviters  of  rebel  raids,  the  guides, 
wel comers  and  entertainers  of  rebel  soldiers,  who  have  re¬ 
joiced  at  the  burning  of  our  houses  and  the  plunder  of  our 
property,  who  only  want  the  opportunity  to  place  the  lives 
and  property  of  loyal  people  at  the  mercy  of  their  rebel 
friends,  by  pointing  them  out  for  destruction,  and  under  the 
protection  of  the  rebel  army  usurp  the  government  of  the 
State 

Mr.  Davis,  of  Charles,  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Affirmative. 

Messrs.  Harwood,  Nymau, 

Goldsborougn,  Pt.  Hatch,  Parker, 

Abbott,  Hoffman,  Pugh, 


277 


Annan, 

Hopkins, 

Russell, 

Barron, 

Hopper, 

Sands, 

Brooks, 

Keefer, 

Schley, 

Carter, 

Kennard, 

Smith,  of  Carroll, 

Cunningham, 

King, 

Sneary, 

Cushing^ 

Larsli, 

Stirling, 

Daniel, 

Markey, 

Stockbridge, 

Davis,  of  Wash., 

McComas, 

Swope, 

Sykes, 

Earle, 

Mullikin, 

Ecker, 

Murray, 

Wickard, 

Galloway, 

Greene, 

Negley, 

Negative. 

Wooden — 42, 

Messrs. 

Dent, 

Lee, 

Belt, 

Henkle, 

Mitchell, 

Chambers, 

Crawford, 

Holly  day, 

Miller, 

Johnson, 

Morgan, 

Davis,  of  Charles, 

Jones,  of  Som. 

Smith  of  Dor. -14. 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

The  question  recurring  upon  the  second  clause  of  the  pre¬ 
amble,  to  wit : 

“And  whereas,  the  experience  of  the  past  two  weeks  now 
clearly  shows  that  the  presence  of  such  persons  in  our  midst 
in  time  of  war  is  no  longer  to  he  tolerated,  and  justice  to 
ourselves,  our  families  and  our  country,  no  less  than  to  weak 
minded  disloyalists  themselves,  the  only  hope  of  whose  re¬ 
clamation  is  in  a  vigorous  policy,  requires  that  the  sternest 
justice  should  at  once  be  meted  out  to  those  who  persistently 
refuse  to  obey  the  laws,  and  the  active  and  dangerous  class  be 
separated  from  the  peaceable  and  loyal,  by  the  exercise  of  the 
undoubted  power  of  the  Government  to  arrest  and  detain 
dangerous  persons  during  times  of  war 

It  was  decided  in  the  affirmative. 

The  Convention  then  proceeded  with  the  consideration  of 
the  Report  of  the  Committee  on  the  Legislative  Depart¬ 
ment. 

Tim  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Ridgely,  to  wit : 

Section  42,  line  1,  after  the  word  “shall,”  insert  the  words 
“after  the  expiration  of  all  the  existing  bank  charters 

It  was  decided  in  the  negative. 


278 


Mr.  Sands  moved  a  reconsideration  of  the  vote  by  which 
the  amendment  of  Mr.  Schley,  to  the  42d  section  submitted 
yesterday,  was  adopted  ; 

Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment, 

Mr.  Smith,  of  Carroll,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Barron, 

Brooks, 

Cushing, 

Harwood, 


Messrs. 

Annan, 

Belt, 

Carter, 

Chambers, 

Crawford, 

Cunningham, 

Dail, 

Daniel, 

Davis,  of  Charles, 
Davis,  of  Wash., 
Dent, 

Earle, 

Ecker, 


Hatch, 

Hopper, 

Kennard, 

Larsh, 

McComas, 

Mullikin, 

Negative. 

Galloway, 

Greene, 

Henkle, 

Iiolfman, 

Hollyday, 

Hopkins, 

Johnson, 

Jones,  of  Som. 

Keefer, 

Kin0*. 

Lee, 

Mace, 

Markey, 


Murray, 

Parker, 

Schley, 

Stirling, 

Stockbridge, 

Wickard- — 18. 


Mitchell, 

Miller, 

Morgan, 

Negley, 

Nyman, 

Pugh, 

Russell, 

Sands, 

Smith,  of  Carroll 
Smith,  of  Dor., 
Sneary, 

Swope, 

Sykes — 39. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  King  Submitted  the  following  amendment  : 

Section  42,  line  —  after  the  word  “corporation,”  insert 
“except  such  as  are 


Decided  in  the  negative. 

Mr.  King  submitted  the  following  amendment : 


279 


Section  42,  line  3,  strike  out  the  word  “except,”  and  in¬ 
sert  the  word  “and 

Decided  in  the  negative. 

Mr.  Daniel  submitted  the  following  amendment : 

Section  42,  line  3,  after  the  word  “liable,”  insert  the  words 
“in  preparation 

Mr.  Schley  called  the  previous  question  ; 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Daniel ; 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  42d  sec¬ 
tion  as  amended  ; 

It  was  decided  in  the  affirmative. 

The  43d  section  was  then  considered. 

Mr.  Negley  moved  to  return  to  the  consideration  of  the 
42d  section  ; 

The  question  being  taken,  upon  a  division,  no  quorum 
voting  ; 

Mr.  Miller  moved  a  call  of  the  Convention  ; 

The  call  being  sustained, 

The  roll  was  called,  and  the  following  members  re¬ 
sponded  : 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Bar¬ 
ron,  Belt,  Brooks,  Carter,  Chambers,  Cunningham,  Dail, 
Daniel,  Davis,  of  Charles,  Davis,  of  Washington,  Dent. 
Earle,  Ecker,  Galloway,  Greene,  Harwood,  Hatch,  Henkle, 
Hoffman,  Hollyday,  Hopkins,  Hopper,  Johnson,  Jones, 
of  Somerset,  Keefer,  Ivennard,  King,  Larsh,  Lee,  Mace, 
Markey,  McComas,  Mitchell,  Miller,  Morgan,  Mullikin, 
Murray,  Negley,  Nyman,  Parker,  Pugh,  Russell,  Sands, 
Schley,  Smith,  of  Carroll,  Smith,  of  Dorchester,  Sneary, 
Stirling,  Stockbridge,  Swope,  Wickard,  Wooden — 53. 

On  motion  of  Mr.  Negley, 

Further  proceedings  under  the  call  were  dispensed  with. 


280 


The  question  upon  the  motion  of  Mr.  Negley  to  return  to 
the  consideration  of  the  42d  article  was  then  decided  in  the 
affirmative  by  yeas  and  nays  as  follows  : 

Affirmative. 


Messrs. 

Hollyday, 

Mullikin, 

G-oldsborough,  P’t 

Hopkins, 

Murray, 

Annan, 

Hopper, 

Negley, 

Belt, 

Johnson, 

Parker, 

Carter, 

King, 

Russell, 

Bail, 

Lee, 

Sands, 

Davis,  of  Charles, 

Mace, 

Smith,  of  Carroll, 

*Ecker, 

Markey, 

Smith,  of  Dor., 
Swope, 

Galloway, 

McComas, 

Harwood, 

Mitchell, 

Sykes, 

Henkle, 

Miller, 

Wickard — 34. 

Hoffman, 

Morgan, 

Negative. 

Messrs. 

Davis,  of  Wash., 

Larsh, 

Abbott, 

Dent, 

Nyman, 

Barron, 

Earle, 

Pugh, 

Brooks, 

Greene, 

Schley, 

Chambers, 

Hatch, 

Snear}", 

Cunningham, 

Jones,  of  Som., 

Stirling, 

Cushing, 

Keefer, 

Stockbridge, 

Daniel, 

Kennard, 

Wooden — 23. 

Mr.  Negley  submitted  the  following  amendment : 

Sec.  42.  Amend  by  inserting  after  the  word  “otherwise,” 
in  the  sixth  line,  “and  upon  the  further  condition  that  no 
director  or  other  officer  of  said  corporation  shall  borrow  any 
money  from  said  corporation  ;  and  if  any  director  or  other 
officer  shall  be  convicted  upon  indictment  of  directly  or  indi¬ 
rectly  violating  this  article,  he  shall  he  punished  by  tine  or 
imprisonment,  at  the  discretion  of  the  Court ; 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Stirling  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs.  Henkle,  Mullikin, 

Goldsborough,P’t  Hoffman,  Murray, 

Abbott,  Hollyday,  Negley, 


I 


281 


Annan, 

Hopkins, 

Parker, 

Barron, 

Hopper, 

Bussell, 

Belt, 

King, 

Sands, 

Carter, 

Lee, 

Smith,  of  Carroll, 

Cunningham, 

Mace, 

Smith,  of  Dor., 

Davis,  of  Charles. 

,  Mar  key, 

Swope, 

Earle, 

McComas, 

Sykes, 

Ecker, 

Mitchell, 

Wickard, 

Galloway, 

Miller, 

Wooden — 37. 

Harwood, 

Morgan,  -  , 

Negative. 

Messrs. 

Dent, 

Nyman, 

Brooks, 

Greene, 

Pugh, 

Chambers, 

Hatch , 

Schley, 

Crawford, 

Jones,  of  Som. 

Sneary, 

Stirling, 

Cushing, 

Keefer, 

Daniel, 

Kennard, 

Stockbridge — 19! 

Davis,  of  Wash., 

Larsh, 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

Mr.  Stirling  submitted  the  following  amendment: 

Section  44.  Strike  out  after  the  word  “all,”  in  line  six,  and 
insert,  “Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  act,  except  for  municipal  pur¬ 
poses,  and  in  cases  where,  in  the  judgment  of  the  General 
Assembly,  the  object  of  the  corporation  cannot  be  attained 
under  general  laws  ;” 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Sec.  44,  line  9.  Amend  by  striking  out  the  word  “article,” 
and  inserting  the  word  “section 

Decided  in  the  affirmative. 

Mr.  Belt  submitted  the  following  amendment: 

Section  47.  Strike  out  the  words  “and  West  Virginia,”  in 
the  third  line ; 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Belt  demanded  the  yeas  and  nays ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

36 


282 


Affirmative. 


Messrs. 

Dent, 

Jones,  of  Som., 

Belt, 

Harwood, 

Lee, 

Chambers, 

Henkle, 

Mitchell, 

Crawford, 

Holly  day, 

Miller, 

Dail, 

Davis,  of  Charles, 

Johnson, 

Negative. 

Morgan — 15. 

Messrs. 

Greene, 

Negley, 

Goldsborough,  P’t 

Hatch , 

Parker, 

Abbott, 

Hoffman, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Barron, 

Brooks, 

Hopper, 

Schley, 

Keefer, 

Smith,  of  Carroll, 

Carter, 

Kennard, 

Sneary, 

Cunningham, 

King, 

Stirling, 

Cushing, 

Lars'h, 

Stockbridge, 

Daniel, 

Mace, 

Swope, 

Davis,  of  Wash., 

Markey, 

Sykes, 

Earle, 

McComas, 

Wickard, 

Ecker, 

Galloway, 

Mullildn. 

j 

Murray, 

Wooden — 39. 

So  the  question  upon  its  adoption 
negative. 

was  decided  in  the 

Mr.  Belt  submitted  the  following  amendment: 

Amend  section  47  by  adding  the  following  words  at  the  end 
thereof:  “Provided,  however,  that  the  General  Assembly 
shall  have  no  power  to  accept  the  cession  of  any  such  territory 
until  after  the  existing  civil  war  shall  have  been  brought  to  a 

close 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Daniel, 

The  Convention  took  a  recess  until  8  o’clock,  P.  M. 


283 


* 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock. 

All  the  Members  present  except  the  following  : 

Messrs.  Audoun,  Baker,  Barron,  Berry,  of  Baltimore 
county,  Berry,  of  Prince  George’s,  Billingsley,  Blackiston, 
Bond,  Briscoe,  Brooks,  Brown,  Carter,  Clarke,  Crawford, 
Cushing,  Dail,  Davis,  of  Charles,  Dellinger,  Dennis,  Duvall, 
Farrow,  Gale,  Harwood,  Hatch,  Hebb,  Hodson,  Hopkins, 
Horsey,  Johnson,  Jones,  of  Cecil,  Lansdale,  Larsli,  Mace, 
Marbury,  Mayhugh,  Morgan,  Noble,  Parran,  Peter,  Purnell, 
Ridgely,  Robinette,  Schlosser,  Scott,  Smith,  of  Dorchester, 
Smith,  of  Worcester,  Sykes,  Thomas,  Thruston,  Todd,  Tur¬ 
ner,  Valliant,  Wickard,  Wilmer — 54. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Dent, 

The  Convention  adjourned. 


FRIDAY,  July  22nd,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Davenport. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Berry,  of  Baltimore  county,  Berry,  of  Prince 
George’s,  Billingsley,  Blackiston,  Briscoe,  Brown,  Cham¬ 
bers,  Clarke,  Dellinger,  Dennis,  Farrow,  Gale,  Harwood, 
Ilenkle,  Hodson,  Horsey,  Jones,  of  Cecil,  Lansdale,  Mace, 
Marbury,  Mayhugh,  Noble,  Peter,  Purnell,  Robinette,  Schlos¬ 
ser,  Scott,  Smith,  of  Worcester,  Thruston,  Todd,  Turner,  Wil¬ 
mer — 33. 

The  proceedings  of  yesterday  were  read  and  approved. 


284 


On  motion  of  Mr.  Jones,  of  Somerset, 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr.  Den¬ 
nis  is  detained  from  his  seat  in  the  Convention  by  sickness  in 
his  family. 

Mr.  Schley  submitted  the  following  order: 

Ordered,  That  the  Convention  take  a  recess  daily  for  at 
least  one  hour  before  three  o’clock,  P.  M.,  at  which  latter 
hour  it  shall  re-assemble,  except  on  Saturday; 

Mr.  Abbott  moved  to  lay  the  order  on  the  table  ; 

The  question  being  on  the  adoption  of  the  motiou, 

Mr.  Barron  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Harwood, 

Morgan, 

Parker, 

Abbott, 

Hoffman, 

Carter, 

Hollyday, 

Parran, 

Chambers, 

Hopkins, 

Sands, 

Crawford, 

Johnson, 

Smith,  of  Dor. 

Cushing, 

Jones,  of  Som., 

Stockbridge, 

Dail, 

Lee, 

Yalliant, 

Dent, 

Edelen , 

Mitchell, 

Negative. 

Wickard — 24. 

Messrs 

Ecker, 

Mullikin, 

Goldsborougli,  P’t 

Galloway, 

Murray, 

Annan, 

Greene, 

Negley, 

Audoun, 

Hatch, 

Hvman, 

Barron, 

Hebb, 

Pngh, 

Belt, 

Hopper, 

Ridgely, 

Bond, 

Keefer, 

Russell, 

Brooks, 

Kennard, 

Schley, 

Cunningham, 

King, 

Smith  of  Car. 

Daniel, 

Larsli, 

Sneary, 

Davis,  of  Charles, 

Markey, 

Stirling, 

Davis,  of  Wash. 

McComas, 

Thomas, 

Duvall, 

Miller, 

Wooden — b8. 

Earle, 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


285 


The  question  recurring  upon  the  adoption  of  the  order 
submitted  by  Mr.  Schley, 

Mr.  Barron  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Galloway, 

Murray, 

Goldsborough,  P’t 

Greene, 

Negley, 

Abbott, 

Hebb, 

Nyman, 

Annan, 

Hoffman, 

Pugh, 

Belt, 

Hopkins, 

Russell. 

Cunningham, 

Hopper, 

Schley, 

Cushing, 

Keefer, 

Smith,  of  Carroll, 

Daniel, 

Markey, 

Sneary, 

Davis,  of  Wash., 

McComas, 

Stirling, 

Earle, 

Ecker, 

Mullikin, 

Negative. 

Wooden — 30. 

Messrs. 

Edelen, 

Miller, 

Audoun, 

Harwood, 

Morgan, 

Barron, 

Hatch, 

Parker, 

Bond, 

Henkle, 

Parran, 

Brocks, 

Carter, 

Hoilyday, 

Ridgely, 

Johnson, 

Sands, 

Chambers, 

Jones,  of  Sorn., 

Smith,  of  Dor., 

Crawford, 

Kennard, 

Stockbridge, 

Dail, 

Kin°’ 

Sykes, 

Davis,  of  Charles, 

Larsh, 

Thomas, 

Dent, 

Lee, 

Yalliant, 

Duvall, 

Mitchell, 

Wickard — 35. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


Mr.  Wickard  submitted  the  following  order  : 

Ordered,  That  the  Secretary  of  this  Convention  be  required 
to  prepare  a  correct  list  of  the  members  who  have  absented 
themselves  from  the  regular  sessions  of  the  Convention,  to¬ 
gether  with  the  number  of  times  each  member  has  so  absent¬ 
ed  himself ; 

Mr.  Schley  submitted  the  following  amendment : 

Amend  by  adding  the  words  :  Specifying  the  times  when 
members  absented  themselves  without  leave  of  the  Conven- 


286 


tion  ;  and  also  the  times  at  which  their  absence  prevented  a 
quorum  for  business  ; 

Mr.  Thomas  moved  to  lay  the  amendment  on  the  table, 

Decided  in  the  affirmative. 

/ 

Mr.  McComas  submitted  the  following  order  : 

Ordered,  That  the  Correspondents  of  the  Press  having 
seats  on  this  floor  be  respectfully  requested  to  publish  with 
their  daily  proceedings  of  the  Convention,  the  names  of  all 
absentees  from  the  sessions  of  the  Convention  except  such  as 
have  been  excused  by  the  Convention,  or  have  been  reported 
to  the  Convention,  as  being  prevented  from  attendance  by 
sickness  ; 

Mr.  Barron  moved  to  lay  the  order  on  the  table, 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  McComas  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Edelen, 

Mitchell, 

Audoun, 

Harwood, 

Miller, 

Barron, 

Hatch, 

Morgan, 

Parran, 

Bond, 

ITenkle, 

Brooks, 

Holly  day, 

Ridgely, 

Carter, 

Hopkins, 

Sands, 

Chambers, 

Johnson, 

Smith,  of  Carroll, 

Crawford, 

Kennard, 

Smith,  of  Dor., 

Bail, 

King, 

Sykes, 

Davis,  of  Charles, 

Larsh, 

Thomas, 

Dent, 

Lee, 

Yalliant — 34. 

Duvall, 

Markey, 

Negative. 

Messrs. 

Galloway, 

Parker, 

Gfoldsborough,  P?t 

Greene, 

Pugh, 

Bussell, 

Schley, 

Abbott, 

Hebb, 

Annan, 

Hoffman, 

Belt, 

Hopper, 

Sneary, 

Cunningham, 

Keefer, 

Stirling, 

Cushing, 

McComas, 

Stockbridge, 

Daniel, 

Mullikin, 

Swope, 

287 


Davis,  of  Wash.,  Murray,  Wickard 

Earle,  Negley,  Wooden — 31. 

Ecker3  Nyman, 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  Report  of  the  Committee  on  the  Legislative  Depart¬ 
ment, 

Was  taken  up, 

Mr.  Ridgely  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment  to  the  39th  section  of  the 
Report : 

Sec.  39.  The  Governor,  Comptroller  and  Tresurer  of  the 
State,  are  hereby  authorized  conjointly,  or  any  two  of  them, 
to  sell  from  time  to  time  according  to  their  best  judgment  the 
State's  interest  in  the  works  of  Internal  Improvement,  wheth¬ 
er  as  stockholder  or  creditor,  also  the  State’s  interest  in  any 
Banking  Corporation,  and  to  apply  the  proceeds  arising  there¬ 
from  towards  the  payment  of  the  public  debt  of  the  State ; 
and  after  the  public  debt  shall  have  been  fully  paid  off,  or 
the  sinking  fund  shall  be  equal  to  its  liquidation,  the  excess 
of  such  sales  shall  be  set  apart  as  a  permanent  fund  for  the 
support  of  public  education  ;  provided  however,  that  the 
power  hereby  conferred,  shall  only  be  exercised  when  the 
proceeds  of  such  sales  can  be  converted  into  a  like  amount  of 
the  public  debt ;  and  provided  further,  that  the  State’s  interest 
in  the  Washington  Branch  of  the  Baltimore  and  Ohio  Rail 
Road,  shall  be  and  is  hereby  reserved  and  excepted  from  the 
sale  hereby  authorized  ;  and  provided  further,  that  the  State’s 
interest  in  or  claim  against  the  Chesapeake  and  Ohio  Canal, 
the  Tide  Water  Canal,  and  the  Chesapeake  and  Delaware 
Canal  may  be  sold,  upon  the  best  terms  which  may  be  obtain¬ 
ed  for  the  same. 

Mr.  Chambers  gave  notice  that  he  would  submit  the  follow¬ 
ing  amendment : 

Sec.  39.  It  shall  be  the  duty  of  the  Legislature  at  its  first 
session  after  the  adoption  of  this  Constitution,  to  provide  by 
law  for  the  sale  to  the  highest  bidder  of  all  or  such  part  of  • 
the  stock  owned  by  this  State  in  any  Rail  Road  or  Canal 
Company,  and  of  the  debt  due  to  this  State  by  any  Rail  Road 
or  Canal  Company  as  can  be  sold  or  exchanged  for  not  less 
than  an  equal  amount  of  the  present  public  or  stock  debt  of 
this  State,  and  to  convey  the  interest  so  sold  to  the  purchaser 
or  purchasers  thereof ;  and  so  to  proceed  from  time  to  time 


28S 


until  all  such  interest  of  the  State  in  every  such  corporation 
shall  be  wholly  sold  and  disposed  of. 

Mr.  Miller  gave  notice  that  he  would  submit  the  following 
amendment : 

Sec.  39.  The  Governor,  Comptroller  and  Treasurer  of  the 
State,  or  any  two  of  them,  may  sell  from  time  to  time,  ac¬ 
cording  to  their  best  judgment,  the  State’s  interest  in  the 
works  of  internal  improvement,  whether  as  stockholder  or 
creditor,  and  apply  the  proceeds  towards  the  payment  of  the 
public  debt  of  the  State  ;  and  after  the  public  debt  shall  have 
been  fully  paid  off,  or  the  sinking  fund  shall  be  equal  to  its 
liquidation,  the  surplus  of  such  sales  shall  be  set  apart  as  a 
permanent  fund  for  the  support  of  public  education  ;  pro¬ 
vided,  however,  that  the  power  of  sale  hereby  conferred, 
shall  only  be  exercised  when  the  proceeds  of  such  sales  can 
be  converted  into  a  like  amount  of  the  public  debt ;  and  pro¬ 
vided  further,  that  the  State’s  interest  in  the  Washington 
Branch  of  the  Baltimore  and  Ohio  Bail  Eoad  Company  shall 
be  and  is  hereby  reserved  from  the  sale  hereby  authorized. 

Mr.  Jones,  of  Somerset,  gave  notice  that  he  would  submit 
the  following  amendment : 

Amend  39th  section  by  inserting  after  the  word  “creditor,” 
in  the  3rd  line,  these  words,  “except  the  State’s  right  to  re¬ 
ceive  one-fifth  of  the  money  arising  from  passengers  over  the 
Washington  Branch  of  the  Baltimore  and  Ohio  Bail  Boad.’’ 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Belt,  to  wit : 

Amend  section  47  by  adding  the  following  words  at  the 
end  thereof:  “Provided,  however,  that  the  General  Assem¬ 
bly  shall  have  no  power  to  accept  the  cession  'of  any  such 
territory  until  after  the  existing  civil  war  shall  have  been 
brought  to  a  close 

Mr.  Barron  called  the  previous  question. 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  wras  decided  in  the  affirmative. 

The  question  again  being  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Belt, 

Mr.  Belt  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 


289 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Dent,  • 

Lee,  t 

Belt, 

Edelen, 

Mitchell , 

Bond, 

Henkle, 

Miller, 

Chambers, 

Holly  day, 

Morgan, 

Crawford, 

Johnson, 

Parran , 

Smith,  of  Dor. -18. 

Dail, 

Jones,  of  Som. 

Davis,  of  Charles, 

Negative. 

Messrs. 

Hatch, 

Pugh, 

Goldsborough,  P’t 

Hebb, 

Ridgely, 

Abbott, 

Hoffman , 

Russell, 

Annan, 

Hopkins, 

Sands, 

Schley, 

Audoun, 

Hopper, 

Barron, 

Keefer, 

Smith,  of  Carroll, 

Brooks, 

Kennard, 

Sneary, 

Carter, 

King, 

Stirling, 

Cunningham, 

Larsh, 

Markey, 

Stockbridge, 

Cushing, 

Swope, 

Daniel, 

McComas, 

Sykes, 

Davis,  of  Wash., 

Mullikin, 

Thomas, 

Earle, 

Murray, 

Yalliant, 

Ecker, 

Negley, 

Wickard, 

Galloway, 

Nyman, 

Wooden — 46. 

Greene, 

Parker, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

The  question  recurring  upon  the  adoption  of  the  47th  sec- 

tion,  as  reported  by  the  Committee, 

Mr.  Miller  demanded  the  yeas  and  nays 

• 

The  demand  being 

sustained, 

• 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 

Messrs. 

Hatch, 

Pugh, 

Goldsborough ,  P’t 

Hebb, 

Ridgely, 

Abbott, 

Hoffman, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Audoun, 

Hopper, 

Schley, 

Barron, 

Brooks, 

37 

Keefer, 

Smith,  of  Carroll, 

Kennard, 

Sneary, 

290 


Carter, 

Cunningham, 

Cushing, 

Daniel,  » 

Davis,  of  Wash., 
Earle, 

Ecker, 

Galloway, 

Greene, 


Larsh, 

Markey, 


King, 


Stirling, 


Stockhridge, 


McComas, 


Swope, 

Sykes, 


Mullikin, 
Murray, 
Keg  ley, 
Nyman, 
Parker, 


Thomas, 

Yalliant, 

Wickard 


V  *  iWUUV., 

Wooden — 46. 


Negative. 


Messrs. 


Davis,  of  Charles,  Johnson, 


Chambers, 

Crawford, 

Dail, 


Belt, 

Bond, 


Dent, 

Duvall, 

Edelen, 

Harwood, 

Henkle, 

Holly  day, 


Jones,  of  Som 
Lee, 

Mitchell, 

Miller, 

Morgan, 

Par  ran, 

Smith,  of  Dor. -20. 


So  the  question  upon  its  adoption  was  decided  in  the  af¬ 
firmative. 

The  Convention  then  returned  to  the  consideration  of  the 
19th  section,  which  had  been  informally  passed  over : 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Stockbridge,  to  wit : 

Section  19.  Amend  by  striking  out  the  section  and  insert¬ 


ing  : 


The  Legislature  shall  not  pass  local  or  special  laws  in  any 
of  the  following  enumerated  cases,  viz  : 

For  the  punishment  of  crimes  and  misdemeanors,  regulat¬ 
ing  the  practice  of  Courts  of  Justice,  or  authorizing  or  direct¬ 
ing  the  trial  of  any  case  in  any  Court ; 

For  the  assessment  and  collection  of  taxes  for  State  or 
County  purposes,  or  extending  the  tirng  for  the  collection  of 
taxes ; 

Providing  for  the  support  of  public  schools,  the  preserva¬ 
tion  of  school  funds,  the  location  or  the  regulation  of  school 
houses ; 

Granting  divorces  ; 

Changing  the  names  of  persons  ; 

Conferring  rights  of  citizenship  upon  minors  or  foreigners  ; 

Kelating  to  fees  or  salaries  ; 


291 


Belating  to  the  interest  on  money; 

Providing  for  regulating  the  election  or  compensation  of 
State  or  County  officers,  or  designating  the  places  of  voting, 
or  the  boundaries  of  election  districts  ; 

Providing  for  the  sale  of  real  estate  belonging  to  minors 
or  other  persons  laboring  under  legal  disabilities,  by  execu¬ 
tors,  administrators,  guardians  or  trustees  ; 

Giving  effect  to  informal  or  invalid  deeds  or  wills ; 

Refunding  money  paid  into  the  State  Treasury,  or  releasing 
persons  from  their  debts  or  obligations  to  the  State,  unless 
recommended  by  the  Governor  and  officers  of  the  Treasury  De¬ 
partment  ; 

Or  establishing,  locating  or  affecting  the  construction  of 
roads. 

Mr.  Chambers  submitted  the  following  amendment  to  the 
amendment : 

Amend  by  striking  out  the  words  “changing  the  names  of 
persons,  conferring  the  rights  of  citizenship  upon  minors  and 
foreigners  ;” 

The  question  then  being  upon  the  adoption  of  the  amend¬ 
ment  to  the  amendment, 

It  was  decided  in  the  affirmative. 

Mr.  Belt  submitted  the  following  amendment : 

Add  to  the  end  of  section  19  the  words  “The  General  As¬ 
sembly  shall  have  power,  from  time  to  time,  in  its  discretion, 
to  pass  general  laws  providing  for  the  exercise  by  the  Courts 
of  law  or  equity,  or  other  local  authorities,  of  such  powers 
and  duties,  not  necessarily  legislative  in  their  character, 
having  reference  to  private  or  local  affairs,  which  are  now 
exercised  and  performed  by  the  General  Assembly;’ ’ 

The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Belt, 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Stockbridge, 

On  motion  of  Mr.  Ridgely, 

The  subject  was  divided. 


292 


The  question  then  being  on  the  adoption  of  the  first  clause 
of  the  amendment,  to  wit : 

“The  Legislature  shall  not  pass  local  or  special  laws  in  any 
of  the  following  enumerated  cases,  viz:  For  the  punishment 
of  crimes  and  misdemeanors  regulating  the  practice  of  Courts  * 
of  Justice,  or  authorizing  or  directing  the  trial  of  any  case 
in  any  Court 

Mr.  Thomas  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Hopper, 

Nyman, 

Parker, 

Goldsborough,  P’t 

Keefer, 

Abbott, 

Kennard, 

Pugh, 

Annan, 

Larsh, 

Ridgely, 

Daniel, 

Markey, 

Russell, 

Earle, 

McComas, 

Sands, 

Galloway, 

Mullikin, 

Snearv, 

Hebb, 

Murray, 

Stockbridge, 

Hoffman, 

Hopkins, 

Negley, 

Negative. 

Sykes — 27. 

Messrs. 

Dent, 

Miller, 

Audoun, 

Duvall, 

Morgan, 

Belt, 

Ecker, 

Parran , 

Schley, 

Bond, 

Edelen, 

Brooks, 

Chambers, 

Harwood, 

Smith,  of  Carroll, 

Henkle, 

Smith,  of  Dor. 

Crawford, 

Holly  day, 

Stirling, 

Cunningham, 

Johnson, 

Swope, 

Thomas, 

Hail, 

Jones,  of  Som., 

Davis,  of  Charles, 

King, 

Valliant, 

Davis,  of  Wash., 

Mitchell, 

Wooden — 32. 

So  the  question 

upon  its  adoption 

was  decided  in  the 

negative. 

The  question  next  being  on  the  adoption  of  the  second 
clause  of  the  amendment,  to  wit:  “For  the  assessment  and 
collection  of  taxes  for  State  or  county  purposes,  or -extending 
the  time  for  the  collection  of  taxes 

It  was  decided  in  the  affirmative. 

The  question  next  being  on  the  adoption  of  the  third  clause 


293 


of  the  amendment,  viz:  c Providing  for  the  support  of  pub¬ 
lic  schools,  the  preservation  of  school  funds,  the  location  or 
the  regulation  of  school  houses 

Mr.  Henkle  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Galloway, 

Parker, 

Goldsborough,  P’t 

Hebb, 

Pugh, 

Abbott, 

Hopper, 

Ridgely, 

Annan, 

Keefer, 

Kennard, 

Russell, 

Audoun, 

Sands, 

Barron, 

Larsh, 

Sneary, 

Brooks, 

Markey, 

Stockbridge, 

Carter, 

Me  Com  as, 

Swope, 

Crawford , 

Mullikin, 

Sykes, 

Cunningham, 

Murray, 

Negley, 

Valliant, 

Daniel, 

Wickard, 
Wooden— 36. 

Earle, 

Ecker, 

Nyman, 

Negative. 

Messrs. 

Greene, 

Lee, 

Belt, 

Harwood, 

Mitchell, 

Bond, 

Hatch, 

Miller, 

Morgan, 

Chambers, 

Henkle, 

Dail, 

Hoffman, 

•  Parian, 

Davis,  of  Charles, 

Holly  day, 

Schley, 

Davis,  of  Wash.., 

Hopkins, 

Smith,  of  Carroll, 

Dent, 

*  Johnson, 

Smith,  of  Dor. 

Duvall, 

Jones,  of  Som. 

Stirling, 

Edelen, 

King, 

Thomas — 30. 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

The  question  next  being  on  the  adoption  of  the  fourth 
clause  of  the  amendment,  to  wit :  “Granting  divorces 

It  was  decided  in  the  affirmative. 


The  question  next  being  on  the  fifth  clause  of  the  amend¬ 
ment,  to  wit :  “Relating  to  fees  or  salaries/' 

Mr.  Yalliant  submitted  the  following  amendment : 

Amend  by  adding  “but  may  empower  the  local  authorities 


294 


of  the  city  of  Baltimore  and  of  the  counties  to  do  the 
same;” 

The  question  upon  its  adoption  was  decided  in  the  ne¬ 
gative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  ; 

It  was  decided  in  the  affirmative. 

The  question  next  being  on  the  adoption  of  the  sixth  clause 
of  the  amendment,  to  wit:  “Relating  to  the  interest  on 
money :” 

It  was  decided  in  the  affirmative. 

The  question  next  being  on  the  adoption  of  the  seventh 
clause  of  the  amendment,  to  wit:  “Providing  for  regulating 
the  election  or  compensation  of  State  or  County  officers,  or 
designating  the  places  of  voting,  or  the  boundaries  of  elec¬ 
tion  districts.’ ’ 

Mr.  Yalliant  submitted  the  following  amendment : 

Strike  out  the  word  “State  or,” 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  seventh 
clause  ; 

It  was  decided  in  the  affirmative. 

The  question  next  being  on  the  adoption  of  the  eighth 
clause  of  the  amendment,  to  wit :  “Providing  for  the  sale  of 
real  estate  belonging  to  minors  or  other  persons  laboring 
under  legal  disabilities,  by  executors,  administrators,  guar¬ 
dians  or  trustees 

It  was  decided  in  the  affirmative. 

The  question  next  being  on  the  adoption  of  the  ninth 
clause  of  the  amendment,  to  wit :  “Giving  effect  to  informal 
or  invalid  deed  or  wills 

It  was  decided  in  the  affirmative. 

The  question  next  being  on  the  adoption  of  the  tenth 
clause  of  the  amendment,  to  wit :  “Refunding  money  paid 
into  the  State  Treasury  or  releasing  persons  from  their  debts 
or  obligations  to  the  State 


295 


On  motion  of  Mr.  Edelen, 

The  clause  was  sub-divided. 

The  question  then  being  on  the  first  sub-division,  to  wit : 
“Refunding  money  paid  into  the  State  Treasury 
Mr.  Miller  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appealed  as  follows : 

Affirmative. 


Messrs. 

Ecker, 

Nyman, 

Goldsborough,  Pt. 

Galloway, 

Parker, 

Abbott, 

Greene, 

Pugh, 

Annan, 

Hebb, 

Eidgely, 

Barron, 

Hoffman, 

Russell, 

Bond, 

Hollyday, 

Sands, 

Brooks, 

Hopkins, 

Schley, 

Carter, 

Hopper, 

Smith,  of  Carroll, 

Chambers, 

Keefer, 

Smith,  of  Dor., 

Crawford, 

Kennard, 

Sneary, 

Cunningham, 

Larsh, 

Mar  key, 

Stockbridge, 

Dail, 

Swope, 

Daniel, 

McComas, 

Sykes, 

Davis,  of  Charles, 

Mullikin, 

Yalliant, 

Davis,  of  Wash., 

Murray, 

Wickard, 

Earle, 

Negley, 

Negative. 

Wooden — 46. 

Messrs. 

Hatch, 

Miller, 

Belt, 

Henkle, 

Morgan, 

Dent, 

Jones,  of  Som., 

Parran, 

Stirling, 

Duvall, 

King, 

Edelen, 

Harwood, 

Lee, 

Mitchell, 

Thomas — 16. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


The  question  next  being  on  the  second  sub-division,  to  wit : 
“or  releasing  persons  from  their  debts  or  obligations  to  the 
State,  unless  recommended  by  the  Governor  and  officers  of  the 
Treasury  Department;” 

It  was  decided  in  the  affirmative. 

The  question  next  being  on  the  eleventh  clause  of  the 


296 


amendment,  to  wit :  “or  establishing,  locating  or  affecting 
the  construction  of  roads 

Mr.  Keefer  submitted  the  following  amendment : 

Add  to  end  of  paragraph,  “and  the’ repairing  and  build¬ 
ing  bridges 

Decided  in  the  affirmative. 

The  question  again  being  on  the  adoption  of  the  eleventh 
clause  of  the  amendment  as  amended  ; 

It  was  decided  in  the  affirmative. 

a 

On  motion  of  Mr.  Bond, 

The  Convention  took  a  recess  until  8  o’clock  this  even¬ 
ing. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following : 

Messrs.  Audoun,  Baker,  Barron,  Berry,  of  Baltimore 
county,  Berry,  of  Prince  George’s,  Billingsley,  Blackiston, 
Bond,  Briscoe,  Brooks,  Brown,  Carter,  Clarke,  Crawford,  Dail, 
Davis,  of  Charles,  Dellinger,  Dennis,  Duvall,  Farrow/ Gale, 
Galloway,  Harwood,  Hatch,  Hodson,  Horsey,  Johnson, 
Jones,  of  Cecil,  Keefer,  Kennard,  Lansdale,  Larsh,  Mace, 
Marbury,  Mayhugh,  Morgan,  Noble,  Peter,  Purnell,  Ridge- 
ly,  Robinette,  Sands,  Schlosser,  Scott,  Smith,  of  Dorchester,  ‘ 
Smith,  of  Worcester,  Sykes,  Thomas,  Thruston,  Todd,  ^ 
Turner,  Valliant,  Wickard,  Wilmer — 54.  ** 

There  being  no  quorum  present, 

On  motion  of  Mr.  Miller, 

The  Convention  adjourned. 


297 


SATURDAY,  July  23d,  1864. 

•  •  ^ 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following : 

Messrs.  Baker,  Barron,  Berry,  of  Baltimore  county,  Ber¬ 
ry,  of  Prince  George’s,  Billingsle}g  Blackiston,  Bond,  Briscoe, 
Brown,  Chambers,  Clarke,  Crawford,  Cunningham,  Davis, 
of  Charles,  Dellinger,  Dennis,  Gale,  Galloway,  Harwood, 
Hatch,  Henkle,  Hodson,  Horsey,  Johnson,  Jones,  of  Cecil, 
Jones,  of  Somerset,  Keefer,  Kennard,  Lansdale,  Larsh,  Mace, 
Marbury,  Mayhugli,  Noble,  Peter,  Purnell,  Robinette, 
Sands,  Schlosser,  Scott,  Smith,  of  Worcester,  Thomas, 
Thruston,  Turner — 43. 

The  proceedings  of  yesterday  were  read  and  approved. 

» 

% 

The  Report  of  the  Committee  on  the  Legislative  Depart¬ 
ment, 

•  Was  taken  up. 

Mr.  Russell  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment : 

“The  General  Assembly  shall  pass  laws  providing  that  the 
rites  of  marriage  between  any  persons  legally  competent  to 
contract  marriage  may  be  celebrated  by  any  Minister  of  any 
religious  denomination,  by  any  Mayor  of  a  city,  by  any  Jus¬ 
tice  of  the  Peace,  or  in  such  manner  as  is  usually  practised 
by  the  society  of  people  called  Quakers  ;  and  providing  for 
the  registration  of  all  marriages,  however  solemnized  in  this 
State.” 

Mr.  Chambers  submitted  the  following  amendment: 

t  *>* 

Add  to  end  of  section  19,  the  words  “and  the  General  As- 
*  sembly  shall  pass  no  special  law  for  any  case  for  which  pro¬ 
vision  has  been  made  by  an  existing  general  law;” 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment: 

Add  to  end  of  section  9th,  as  amended,  the  words  “The 
General  Assembly,  at  its  first  session  after  the  adoption  of 
this  Constitution,  shall  pass  general  laws  providing  for  the 

38 


298 


cases  enumerated  in  this  section,  and  for  all  other  cases  where 
a  general  law  can  be  made  applicable  ;” 

Decided  in  the  affirmative. 

The  31st  section,  which  had  been  informally  passed  over, 
was  next  taken  up. 

On  motion  of  Mr.  Gushing, 

The  rules  were  suspended,  and  he  submitted  the  following 
order : 

Ordered,  That  the  Committee  on  the  Executive  be  instruct¬ 
ed  to  report  a  provision  in  the  Constitution  conferring  upon 
the  Governor  the  veto  power. 

On  motion  of  Mr.  Ridgely, 

The  order  was  laid  on  the  table. 

Section  39  was  next  taken  up. 

Mr#.  Ridgely  submitted  the  following  amendment : 

Strike  out  the  section  as  reported,  and  insert  the  following: 

“Sec.  39.  The  Governor,  Comptroller  and  Treasurer  of  the 
State,  are  hereby  authorized  conjointly,  or  any  two  of  them, 
to  sell  from  time  to  time  according  to  their  best  judgment  the 
State’s  interest  in  the  works  of  Internal  Improvement,  wheth¬ 
er  as  stockholder  or  creditor,  also  the  State’s  interest  in  any 
Banking  Corporation,  and  to  apply  the  proceeds  arising  there¬ 
from  towards  the  payment  of  the  public  debt  of  the  State ; 
and  after  the.  public  debt  shall  have  been  fully  paid  off,  or 
the  sinking  fund  shall  be  equal  to  its  liquidation,  the  excess 
of  such  sales  shall  be  set  apart  as  a  permanent  fund  for  the 
support  of  public  education  ;  provided  however,  that  the 
power  hereby  conferred,  shall  only  be  exercised  when  the 
proceeds  of  such  sales  can  be  converted  into  a  like  amount  of 
the  public  debt ;  and  provided  further,  that  the  State’s  interest 
in  the  Washington  Branch  of  the  Baltimore  and  Ohio  Rail 
Road,  shall  be  and  is  hereby  reserved  and  excepted  from  the 
sale  hereby  authorized  ;  and  provided  further,  that  the  State’s 
interest  in  or  claim  against  other  works  of  internal  improve¬ 
ment  in  the  State,  may  be  sold  upon  the  best  terms  which 
mav  be  obtained  for  the  same.” 

Mr.  Chambers  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  all  to  the  word  “State”  inclusive,  in  the  fifth 
line,  and  insert : 


299 


“It  shall  be  the  duty  of  the  Legislature  at  its  first 
session  after  the  adoption  of  this  Constitution,  to  provide  by 
law  for  the  sale  to  the  highest  bidder  of  all  or  such  part  of 
the  stock  owned  by  this  State  in  any  Eail  Eoad  or  Canal 
Company,  and  of  the  debt  due  to  this  State  by  any  Eail  Eoad 
or  Canal  Company  as  can  be  sold  or  exchanged  for  not  less 
than  an  equal  amount  of  the  present  public  or  stock  debt  of 
this  State,  and  to  convey  the  interest  so  sold  to  the  purchaser 
or  purchasers  thereof,  and  so  to  proceed  from  time  to  time 
until  all  such  interest  of  the  State  in  every  such  corporation 
shall  be  wholly  sold  and  disposed  of ;  provided  that  the  in¬ 
terest  of  the  State  in  the  Washington  Branch  of  the  Balti¬ 
more  and  Ohio  Eail  Eoad  be  reserved  and  exempted  from  such 
sale.” 


The  question  being 
the  amendment, 

on  the  adoption 

of  the  amendment  to 

Mr.  Audoun  demanded  the  yeas  and 

nays  ; 

The  demand  being 

sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 

Messrs. 

Edelen, 

Morgan, 

Belt, 

Greene, 

Hollyday, 

Par  ran, 

Chambers, 

Schley, 

Cushing, 

Lee, 

Stirling, 

Dent, 

Duvall, 

Mitchell, 

Negative. 

Wilmer — 15. 

Messrs. 

Hebb, 

Pugh, 

Goldsborough,  P’t 

Hoffman, 

Eidgely, 

Abbott, 

Hopkins, 

Eussell, 

Annan, 

Hopper, 

Smith,  of  Carroll, 

Audoun, 

King, 

Smith  of  Dor., 

Brooks, 

Mar  key, 

Sneary, 

Carter, 

Me  Co  mas, 

Stockbridge, 

Dail, 

Miller, 

Swope, 

Sykes, 

Daniel, 

Mullikin, 

Davis,  of  Wash., 

Murray, 

Todd, 

Earle, 

Negley, 

Yalliant, 

Ecker, 

Nyman, 

Wickard, 

Farrow, 

Parker, 

Wooden — 38. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


300 


Mr.  Chambers  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  all  after  the  word  “Treasurer,”  in  the  first  line 
of  amendment,  and  insert  the  words  “or  any  two  of  them, 
are  authorized  and  directed  to  sell  to  the  highest  bidder  all 
or  such  part  of  the  stock  owned  by  this  State  in  any  Rail 
Road  or  Canal  Company,  and  of  the  debt  due  to  this  State 
by  any  Rail  Road  or  Canal  Company  as  can  be  sold  or  ex¬ 
changed  for  not  less  than  an  equal  amount  of  the  present 
public  or  stock  debt  of  this  State,  and  to  convey  the  interest 
so  sold  to  the  purchaser  or  purchasers  thereof;  and  so  to  pro¬ 
ceed  from  time  to  time  until  all  such  interest  of  the  State  in 
every  such  corporation  shall  be  wholly  sold  and  disposed  of ; 
provided,  that  the  interest  of  the  State  in  the  Washington 
Branch  of  the  Baltimore  and  Ohio  Rail  Road,  be  reserved 
and  exempted  from  such  sale  ;  and  after  the  public  debt  shall 
have  been  fully  paid  off,  or  the  sinking  fund  shall  be  equal 
to  its  liquidation,  to  create  out  of  said  proceeds  a  permanent 
fund  fo.r  the  support  of  public  education 

The  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Miller  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  the  words  “also  the  State’s  interest  in  any 
banking  corporation 

Decided  in  the  negative. 

Mr.  bTegley  submitted  the  following  amendment  to  the 
amendment : 

“And  provided  further,  That  no  corporation  shall  be  per¬ 
mitted  either  directly  or  indirectly,  to  purchase  the  interest 
of  the  State  in  any  of  the  public  works  hereby  authorized  to 
be  sold,  (so  as  to  control  their  operations  to  the  detriment 
of  the  public  interest  ;)” 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Ridgely, 

Mr.  Abbott  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


I 


301 

Affirmative. 

Messrs. 

Hopkins, 

Bidgely, 

Abbott, 

Hopper, 

Bussell, 

Annan, 

King, 

Smith,  of  Carroll, 

Audoun, 

McComas, 

Stockbridge, 

Brooks, 

Miller, 

Swope, 

Sykes , 

Carter, 

Mullikin, 

Daniel, 

Murray, 

Todd, 

Earle, 

Negley, 

Valliant, 

Ecker, 

Nyman, 

Parker, 

Negative. 

W  ickard, 

Farrow, 

Hoffman, 

Wooden — 30. 

Messrs. 

Duvall, 

Morgan, 

Belt, 

Edelen, 

Parra  n, 

Chambers, 

Greene, 

Pugh, 

Cushing, 

Hebb, 

Smith,  of  Dor., 

Dail, 

Hollyday, 

Sneary, 

Davis,  of  Wash., 

Lee, 

Stirling, 

Dent, 

Mitchell, 

Wilmer*— 20. 

So  the  question 
affirmative. 

upon  its  adoption  was  decided  in.  the 

Mr.  Duvall  submitted  the  following 

amendment : 

Amend  by  adding  to  the  end  of  section  the  words,  “Pro¬ 
vided,  however,  that  no  such  sale  shall  he  binding  on  the 
State  until  the  same  shall  have  been  ratified  by  the  General 
Assembly,  after  having  been  duly  reported  to  the  same 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Amend  by  adding  to  the  end  of  the  section  the  words, 
“And  provided  further,  that  the  State’s  interest  in  the  Chesa¬ 
peake  and  Ohio  Canal  shall  not  be  sold  for  less  than 
$5,000,000.” 

Mr.  Pugh  moved  to  amend  by  inserting  $8,000,000  ; 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Hebb, 

It  was  decided  in  the  negative. 


i 


302 

On  motion  of  Mr.  Daniel,  (seconded  by  Messrs.  Yalliant 
and  Todd,) 

The  vote  on  the  amendment  of  Mr.  Duvall  was  recon¬ 
sidered. 

On  motion  of  Mr.  Yalliant, 

The  Convention  adjourned  until  Monday  next,  12  o’clock, 
M. 


MONDAY,  July  25th,  1864. 

The  Convention  met  at  12  o’clock,  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following : 

Messrs.  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Briscoe, 
Brooks,  Clarke,  Dellinger,  Dennis,  Gale,  Galloway,  Greene, 
Harwood,  Henkle,  TIodson,  Hopper,  Horsey,  Johnson,  Jones, 
of  Cecil,  Keefer,  Lansdale,  Mace,  Marbury,  Mayhugh,  Mor¬ 
gan,  Negley,  Noble,  Peter,  Ridgely,  Robinette,  Schlosser, 
Scott,  Smith,  of  Worcester,  Sneary,  Stirling,  Thruston, 
Turner,  Wickard — 41. 

The  proceedings  of  Saturday  were  read  and  approved.  . 

On  motion  of  Mr.  Todd, 

It  was  ordered  to  be  entered  on  the  Journal,  that  the  con¬ 
tinued  absence  of  Mr.  Noble,  of  Caroline,  from  his  seat  in 
this  Convention  is  occasioned  by  his  serious  illness. 

On  motion  of  Mr.  Farrow, 

It  was  ordered  to  be  entered  on  the  Journal,  that  the  ab¬ 
sence  of  Mr.  Farrow  from  this  body  has  been  occasioned  by 
his  necessary  attendance  upon  the  Circuit  Court  for  Worces¬ 
ter  county,  and  had  he  been  in  his  seat  here  he  would  have 
voted  for  all  the  resolutions  and  orders  adopted  by  this  Con¬ 
vention  in  relation  to  the  late  Re.bel  invasion,  &c. 


303 


On  motion  of  Mr.  Audoun, 

It  was  ordered  to  be  entered  on  the  Journal,  that  William 
Brooks,  of  Baltimore  city,  is  absent  from  bis  seat  on  account 
of  being  engaged  as  one  of  the  board  of  enrollment  and  draft 
in  the  drawing  of  the  draft  in  said  city. 

The  Report  of  the  Committee  on  the  Legislative  Bepart- 
ment, 

Was  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Duvall,  to  wit : 

Add  to  end  of  section  39  the  words  “provided  however, 
that  no  such  sale  shall  be  binding  on  the  State  until  the  same 
shall  have  been  ratified  by  the  General  Assembly,  after  hav¬ 
ing  been  duly  reported  to  the  same  ;” 

Mr.  Parran  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  all  after  the  word  “been,”  in  the  third  line  and 
insert  the  words  “duly  reported  to,  and  ratified  by  the  Gen¬ 
eral  Assembly  at  the  first  session  thereof  after  such  sale  or 
sales.” 

On  motion  of  Mr.  King, 

The  further  consideration  of  the  amendments  to  section  39 
was  postponed. 

Mr.  Clarke  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment  : 

Strike  out  the  section  and  insert : 

“Sec.  39.  The  Governor,  Comptroller  and  Treasurer  of  the 
State,  are  hereby  authorized,  conjointly  or  any  two  of  them, 
subject  to  such  regulations  as  the  Legislature  may  front  time 
to  time  prescribe,  to  exchange  the  State’s  interest  in  the  Balti¬ 
more  and  Ohio  Railroad  for  an  equal  amount  of  the  bonds  or  re¬ 
gistered  debt  now  owing  by  the  State,  and  to  sell  from  time  to 
time  the  State’s  interest  in  the  other  works  of  Internal  Im¬ 
provement,  whether  as  stockholder  or  creditor,  also  the  State’s 
interest  in  any  banking  corporation,  and  receive  in  payment 
the  bonds  or  registered  debt  now  owing  by  the  State,  equal  in 
amount  to  the  price  obtained  for  the  State’s  said  interest,  pro¬ 
vided  that  the  interest  of  the  State  in  the  Washington  Branch 
of  the  Baltimore  and  Ohio  Rail  Road  be  reserved  and  exemp¬ 
ted  from  such  sale:” 


304 


Mr.  Thomas  gave  notice  that  he  would  submit  the  follow¬ 
ing  amendment : 

After  the  word  “debt”  in  the  14th  line  add  the  following  : 

But  provided  further,  “That  the  State’s  interest  in  the  Wash¬ 
ington  Branch  of  the  Baltimore  and  Ohio  Rail  Road,  and  of 
the  Main  Stem  of  the  Baltimore  and  Ohio  Rail  Road  and  of 
the  Chesapeake  and  Ohio  Canal  shall  be  and.is  hereby  reserv¬ 
ed  and  excepted  from  the  sale  hereby  authorized.” 

The  40th  section  was  then  taken  up. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment: 

Sec.  40.  Strike  out  all  after  the  word  “Assembly,”  in  the 
first  line,  and  insert,  “shall  pass  laws  making  appropriations 
to  justly  compensate  the  masters  or  claimants  of  slaves  eman¬ 
cipated  from  servitude  by  the  adoption  of  this  Constitution;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Miller  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs.  Bond, 

Davis,  of  Charles, 

Lee, 

Brown, 

Dent, 

Mitchell, 

Chambers, 

Duvall, 

Miller, 

Clarke, 

Edelen, 

Holly  day, 

Parran, 

Smith,  of  Dor., 

Crawford, 

Dail, 

Jones,  of  Som. 

Negative. 

Wilmer — 18. 

Messrs. 

Hebb, 

Pugh, 

Groldsborough,  P’t 

Hoffman, 

Purnell, 

Abbttt, 

Hopkins, 

Kennard, 

Russell, 

Annan, 

Audoun, 

Sands, 

King, 

Schley, 

Carter, 

Larsh, 

Smith,  of  Carroll, 

Cunningham, 

Mar  key, 

Stockbridge, 

Cushing, 

McComas, 

Swope, 

Daniel, 

Mullikin, 

Sykes, 

Davis,  of  Wash., 

Murray, 

Thomas, 

Earle, 

Negley, 

Todd, 

Ecker, 

Nyman, 

Parker, 

Valliant, 

Farrow, 

Hatch, 

Wooden — 39. 

305 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Jones,  of  Somerset,  moved  that  the  further  considera¬ 
tion  of  section  40  be  informally  passed  over, . 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Sands  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs.  Bond, 

Davis,  of  Charles, 

Lee, 

Brown, 

Dent, 

Mitchell, 

Chambers, 

Duvall, 

Miller, 

Clarke, 

Edelen, 

Parran, 

Crawford, 

Hollyday, 

Jones,  of  Som. 

Negative. 

Smith,  of  Dor., 

Dail, 

Wilmer — 18. 

Messrs. 

Hehb, 

Pugh, 

Goldsbo rough,  P’t 

Hoffman, 

Purnell, 

Abbott, 

Hopkins, 

Kennard, 

Russell, 

Annan, 

Sands, 

Audoun, 

King, 

Schley, 

Carter, 

Larsh, 

Smith,  of  Carroll, 

Cunningham, 

Markey, 

Stockbridge, 

Cushing, 

McComas, 

Swope, 

Daniel, 

Mullikin, 

Sykes, 

Davis,  of  Wash., 

Murray, 

Thomas, 

Earle, 

Negley, 

Todd, 

Ecker, 

Nyman, 

Parker, 

Valliant, 

Farrow, 

Wooden — 39. 

Hatch, 

So  the  Convention  refused  to  postpone  the  consideration  of 
the  section. 

Mr.  Dent  submitted  the  following  amendment : 

Strike  out  section  40. 

Mr.  Hehb  called  the  previous  question  ; 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

Mr.  Miller  demanded  the  yeas  and  nays; 

39 


306 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Carter, 

Cunningham, 

Cushing, 

Davis,  of  Wash., 


Messrs. 

Bond, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Dail, 

Daniel, 

Davis,  of  Charles, 
Dent, 

Duvall, 

Edelen, 


Affirmative. 

Earle, 

Ecker, 

Farrow, 

Hatch, 

Hebb, 

Kennard, 

McComas, 

Mullikin, 

Negative. 

Hoffman, 

Hollyday, 

Hopkins, 

Jones,  of  Som., 
King, 

Larsh, 

Lee, 

Markey, 

Mitchell, 

Miller, 

Negley, 


Murray, 

Nyman, 

Pugh, 

Purnell, 

Bussell, 

Schley, 

Stockbridge, 

Thomas — 24. 


Parker, 

Parran, 

Sands, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Swope, 

Sykes, 

Todd, 

Yalliant, 

Wilmer, 

Wooden — 33. 


So  the  Convention  refused  to  allow  the  main  question  to 
be  put. 

At  half-past  two  o’clock,  Mr.  Jones,  of  Somerset,  moved 
that  the  Convention  do  now  adjourn  ; 

Decided  in  the  negative. 


Mr.  Brown  submitted  the  following  amendment : 

Add  to  the  end  of  the  40th  section  the  words  :  “But  shall 
by  law,  at  the  expense  of  the  State,  provide  for  the  support 
and  maintenance  of  such  slaves  so  declared  to  be  emancipated 
as  may  be  unable  to  support  themselves 


Pending  the  consideration  of  which, 
On  motion  of  Mr.  Thomas, 


The  Convention  took  a  recess  until  8  o’clock. 


307 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Briscoe, 
Brooks,  Carter,  Crawford,  Dail,  Davis,  of  Charles,  Dellin¬ 
ger,  Dennis,  Gale,  Greene,  Harwood,  Henlde,  Hodson, 
Hopper,  Horsey,  Johnson,  Jones,  of  Cecil,  Keefer,  Lansdale, 
Larsh,  Mace,  Marbury,  Mayhugh,  Morgan,  Noble,  Kidgely, 
Robbinette,  Schlosser,  Scott,  Smith,  of  Dorchester,  Smith,  of 
Worcester,  Sneary,  Thruston,  Turner,  Wickard,  Wilmer — 43. 

The  Convention  resumed  the  consideration  of  the  Report 
of  the  Committee  on  the  Legislative  Department, 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Brown, 

After  debate  thereon, 

Mr.  Edelin  having  addressed  the  Convention  for  thirty 
minutes, 

j 

Mr.  Jones,  of  Somerset,  moved  that  his  time  be  extended  ; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Chambers  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Dent, 

Mitchell. 

Bond, 

Duvall, 

Holly  day, 

Miller, 

Brown, 

Parran, 

Chambers, 

Clarke, 

Jones,  ofSom., 
Lee, 

Negative. 

Peter — 1 

Messrs. 

Hatch , 

Pugh, 

Goldsborough,  P’t 

Hebb, 

Purnell, 

Abbott, 

Hoffman, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Audoun, 

Kennard, 

Schley, 

Cunningham, 

King, 

Stirling, 

308 


Cushing, 

Markey, 

Stogkhridge, 

Daniel, 

McComas, 

Swope, 

Davis,  of  Wash., 

Mullikin, 

Sykes, 

Earle, 

Murray, 

Thomas, 

Ecker, 

Negley, 

Todd, 

Farrow, 

Nyman, 

Parker, 

Valliant, 

Galloway, 

Wooden — 38. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Duvall  moved  that  the  Convention  do  now  adjourn, 
Decided  in  the  negative. 

Mr.  Audoun  called  the  previous  question  ; 

The  question  being, 

“Shall  the  main  question  he  now  put?” 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Galloway, 

Pugh, 

Goldsborough,  P’t 

Hatch, 

Purnell, 

Abbott, 

Hebb, 

Russell, 

Annan, 

Audoun, 

Hoffman, 

Schley,  . 

Hopkins, 

Stirling, 

Cunningham, 

Kennard, 

Stockbridge, 

Cushing, 

King, 

Swope, 

Daniel, 

Markey, 

Sykes, 

Davis,  of  Wash. 

McComas, 

Thomas, 

Earle, 

Mullikin, 

Todd, 

Ecker, 

Murray, 

Valliant, 

Farrow, 

N  vman, 

Negative. 

Wooden — 35 

Messrs. 

Edelen, 

Negley, 

Bond, 

Holly  day, 

Parker, 

Brown, 

Jones,  of  Som., 

Parran, 

Clarke, 

Lee, 

Peter, 

Dent, 

Mitchell, 

Sands — 16. 

Duvall, 

Miller, 

So  the  call  for  the  previous  question  was  sustained, 

309 


The  question  then  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Brown, 

It  was  decided  in  the  negative. 

Mr.  Hebb  moved  a  call  of  the  Convention ; 

The  call  being  sustained, 

The  roll  was  called,  and  the  following  members  responded: 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Au- 
doun,  Bond,  Brown,  Clarke,  Cunningham,  Cushing,  Daniel, 
Davis,  of  Washington,  Dent.  Duvall,  Earle,  Ecker,  Edelen, 
Farrow,  Galloway,  Hatch,  Hebb,  Hoffman,  Hollyday,  Hop¬ 
kins,  Jones,  of  Somerset,  Kennard,  King,  Lee,  Markey, 
McComas,  Mitchell,  Miller,  Mullikin,  Murray,  Negley, 
Nyman,  Parker,  Parran,  Peter,  Pugh,  Purnell,  Bussell, 
Sands,  Schley,  Stirling,  Stockbridge,  Swope,  Sykes,  Thomas, 
Todd,  Yalliant,  Wooden — 51. 

On  motion  of  Mr.  Stirling, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  question  next  being  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Dent,  to  strike  out  the  40th  section; 

Mr.  Dent  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Duvall, 

Mitchell, 

Bond, 

Edelen, 

Miller, 

Brown, 

Hollyday, 

Parran, 

Clarke, 

Dent, 

Jones,  ofSom., 
Lee, 

Negative. 

Peter — 13. 

Messrs. 

Hatch, 

Pugh, 

Goldsborough,  P’t 

Hebb, 

Purnell, 

Abbott, 

Hoffman, 

Bussell, 

Annan, 

Hopkins, 

Kennard, 

Sands, 

Audoun, 

Schley, 

Cunningham, 

King, 

Stirling, 

Cushing, 

^Jarkey, 

Stockbridge, 

Daniel, 

McComas, 

Swope, 

Davis,  of  Wash, 

Mullikin, 

Sykes, 

Earle, 

Murray, 

Thomas, 

310 


Ecker,  Negley,  Todd, 

Farrow,  Nyman,  Yalliant, 

Galloway,  Parker,  Wooden — 38. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

The  question  recurring  upon  the  adoption  of  the  40tli  sec¬ 
tion  of  the  report, 

Mr.  Miller  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hatch, 

Pugh, 

Goldsborough,  P’t 

Hehb, 

Purnell, 

Abbott, 

Hoffman, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Audoun, 

'  Cunningham, 

Kennard, 

Schley, 

King, 

Stirling, 

Cushing, 

Markey, 

Stockhridge, 

Daniel, 

McComas, 

Swope, 

Davis,  of  Wash., 

Mullikin, 

Sykes, 

Earle, 

Murray, 

Negley, 

Thomas, 

Ecker, 

Todd, 

Farrow, 

Nyman, 

Parker, 

Negative. 

Yalliant, 

Galloway, 

Wooden — 38. 

Messrs. 

Duvall, 

Mitchell, 

Bond, 

Edelen, 

Hollyday, 

Miller, 

Brown, 

Clarke, 

Parran, 

Jones,  of  Som. 

Peter — 13. 

Dent, 

Lee,  . 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in 

Mr.  Miller  submitted  the  following  amendment  : 

Insert  as  an  additional  section  the  following: 

£  ‘Section--.  The  Legislature  shall  provide  by  law  and  make 
appropriations  from  the  Treasury,  if  necessary,  for  the  com¬ 
fortable  support  and  maintenance  of  such  slaves  manumitted 
by  the  adoption  of  this  Constitution  as  may,  by  reason  of  age 
or  other  cause,  be  unable  to  support  and  maintain  them¬ 
selves.  ” 


311 


Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment  to  the  amendment : 

Add  to  the  amendment  the  words,  “Provided  that  all 
slaves  who,  at  the  time  that  this  Constitution  shall  go  into 
effect,  shall  be  manumitted  thereby,  and  shall  be  minors, 
shall  be  thenceforth  in  the  condition  of  negro  apprentices, 
under  the  law  of  this  State,  to  their  owner;  males  until  they 
shall  arrive  at  the  age  of  twenty-one  years,  and  females  until 
they  shall  arrive  at  the  age  of  eighteen  years.” 

Mr.  Miller  moved  that  the  Convention  do  now  adjourn  ; 

The  question  being  on  the  adoption  of  the  motion  to  ad¬ 
journ, 

Mr.  Stirling  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

« 

Affirmative. 


Messrs. 

Edelen, 

Miller, 

Goldsborough,  P’t 

Hoffman, 

Parker, 

Bond, 

Holly  day, 

Par  ran, 

Brown, 

Jones,  of  Som., 

Peter, 

Clarke, 

King, 

Stockbridge, 

Dent, 

Lee, 

Thomas — 19. 

Duvall, 

Mitchell, 

Negative. 

Messrs. 

Galloway, 

Purnell, 

Abbott, 

Hatch, 

Russell, 

Annan, 

Hebb, 

Sands, 

Audoun, 

Hopkins, 

Schley, 

Cunningham, 

Kennard, 

Stirling, 

Cushing, 

Markey, 

Swope, 

Daniel, 

McComas, 

Sykes, 

Davis,  of  Wash., 

Murray, 

Todd, 

Earle, 

Negley, 

Valliant, 

Wooden — 31. 

Ecker, 

Nyman, 

Farrow, 

Pugh, 

So  the  Convention  refused  to  adjourn. 

The  question  then 

being  on  the  adoption  of  the  amend 

ment  to  the  amendment, 

• 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

312 


The  yea^  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Edelen, 

Mitchell, 

Bond, 

Holly  day, 

Miller, 

Clarke, 

Jones,  of  Som., 

Parran, 

Cunningham, 

Lee, 

Peter, 

Dent, 

Markey, 

Sykes — 15. 

Duvall, 

Messrs. 

Negative. 

Hatch, 

Pugh, 

Goldsborough,  P’t 

Hebb, 

Purnell, 

Abbott, 

Hoffman, 

Hopkins, 

Bussell, 

Annan, 

Audoun, 

Sands, 

Kennard, 

Schley, 

Cushing, 

King, 

Stirling, 

Daniel, 

McComas, 

Stockbridge, 

Davis,  of  Wash., 

Mullikin, 

Swope, 

Earle, 

Murray, 

Thomas, 

Ecker, 

Negley, 

Todd, 

Farrow, 

Nyman, 

Valliant, 

Galloway, 

Parker, 

Wooden — 35. 

So  the  question  upon  its  adoption 

was  decided  in 

negative. 

Mr.  Dent  moved  that  the  Convention  do  now  adjourn. 

The  question  being 

on  the  adoption 

of  the  motion  to 

journ, 

Mr.  Pugh  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows 

Messrs. 

Affirmative. 

Hoffman, 

Mullikin, 

Bond, 

Hollyday, 

Parker, 

Clarke, 

Jones,  of  Som., 

•  Parran, 

Cunningham, 

King, 

Peter, 

Daniel, 

Lee, 

Bussell, 

Dent, 

Markey, 

Swope, 

Thomas, 

Duvall, 

Mitchell, 

Edelen, 

Miller, 

Todd — 24. 

Galloway, 


313 


Messrs. 

Negative. 

Farrow, 

Pugh, 

Goldsborough,P’t 

Hatch, 

Purnell, 

Abbott, 

Hebb, 

Sands, 

Annan, 

Audoun, 

Hopkins, 

Schley, 

Kennard, 

Stirling, 

Cushing, 

McComas, 

Stockbridge, 

Davis,  of  Wash., 

Murray, 

Sykes, 

Earle, 

Negley, 

Valliant, 

Ecker, 

Nyman, 

Wooden — 26. 

So  the  Convention  refused  to  adjourn. 


The  question  then  recurring  upon  the  adoption  of  the 
amendment  submitted  by  Mr.  Miller, 

Mr.  Miller  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Edelen, 

Mitchell, 

Clarke, 

Hollyday, 

Miller, 

Dent, 

Jones,  of  Som., 

Parran, 

Duvall, 

Lee, 

Negative. 

Peter — 11. 

Messrs. 

Hatch, 

Pugli, 

Goldsborough,  P’t 

Hebb, 

Hoffman, 

Purnell, 

Abbott, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Audoun, 

Kennard, 

Schley, 

Cunningham, 

King, 

Stirling, 

Cushing, 

Markey, 

Stockbridge, 

Daniel, 

McComas, 

Swope, 

Davis,  of  Wash., 

Mullikin, 

Sykes, 

Earle, 

Murray, 

Thomas, 

Ecker, 

Negley, 

Todd, 

Farrow, 

Nyman, 

Yalliant, 

Galloway, 

Parker, 

Wooden— 38. 

No  quorum  voting, 


Mr.  Audoun  moved  a  call  of  the  Convention. 

The  motion  being  sustained, 

The  roll  was  called,  and  the  following  members  re 
sponded : 

40 


314 


Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Au- 
doun,  Clarke,  Cunningham,  Cushing,  Daniel,  Davis,  of 
Washington,  Dent,  Duvall,  Earle,  Ecker,  Edelen,  Farrow, 
Galloway,  Hatch,  Hebb,  Hoffman,  Hollyday,  Hopkins, 
Jones,  of  Somerset,  Kennard,  King,  Lee,  Markey,  McComas, 
Mitchell,  Miller,  Mullikin,  Murray,  Negley,  Nyman,  Parker, 
Parran,  Peter,  Pugh,  Purnell,  Russell,  Sands,  Schley, 
Stirling,  Stockbridge,  Swope,  Sykes,  Thomas,  Todd,  Val- 
liant,  Wooden — 49. 

\  f 

On  motion  of  Mr.  Jones,  of  Somerset, 

Further  proceedings  under  the  call  were  dispensed  with. 

Mr.  Daniel  moved  that  the  Convention  do  now  adjourn  ; 
The  question  being  on  the  adoption  of  the  motion, 

Mr.  Cushing  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hopkins, 

Parran, 

Goldsborough,  Pt. 

Jones,  of  Somerset  Peter, 

Annan, 

Kennard, 

Russell, 

Clarke, 

King, 

Sands, 

Daniel, 

Lee, 

Stockbridge, 

Dent, 

Mitchell, 

Swope, 

Duvall, 

Miller, 

Sykes, 

Edelen, 

Mullikin, 

Thomas, 

Hoffman, 

Nyman, 

Parker, 

Negative. 

Todd — 28. 

Hollyday, 

Messrs. 

Farrow, 

Negley, 

Abbott, 

Galloway, 

Pugh, 

Audoun, 

Cunningham, 

Hatch, 

Purnell, 

Hebb, 

Schley. 

Cushing, 

Markey, 

Stirling, 

Davis,  of  Wash., 

McComas, 

Yalliant, 

Earle,  * 

Ecker, 

Murray, 

Wooden — 21. 

So  the  Convention  adjourned. 

315 


TUESDAY,  July  26,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  Members  present  except  the  following  : 

Messrs.  Baker,  Berrj^,  of  Baltimore  county,  Billingsley, 
Briscoe,  Brooks,  Clarke,  Dellinger,  Dennis,  Dale,  Greene, 
Harwood,  flenkle,  Hodson,  Johnson,  Jones,  of  Somerset, 
Keefer,  Lansdale,  Larsh,  Mace,  Marbury,  Mayhugh,  Noble, 
Robinette,  Schlosser,  Scott,  Smith,  of  Worcester,  Thruston, 
Turner,  Wickard — 29. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Yalliant  submitted  the  following  order : 

Ordered,  That  the  State  Librarian  shall  have  bound  1000 
copies  of  the  Journal  of  Proceedings,  and  1000  copies  of  the 
Debates  of  this  Convention,  at  a  cost  not  to  exceed  the  rates 
per  volume  of  binding  the  Laws  and  Journals  of  the  last 
General  Assembly,  and  shall  distribute  the  same  as  the  Laws 
and  Journals  are  now  distributed,  and  the  same  amount  al¬ 
lowed  by  law,  to  pay  the  expenses  of  distributing  the  Laws 
and  Journals,  is  hereby  directed  to  be  paid  for  distributing 
the  Journal  and  Debates  of  this  Convention.  The  remaining 
copies  to  remain  in  the  Library, 

Which  was  adopted. 

Mr.  Cushing  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment  to  section  39  of  the  report 
of  the  Committee  on  the  Legislative  Department : 

Strike  out  the  entire  section  and  insert  the  following : 

“Sec.  39.  The  Governor,  Comptroller  and  Treasurer  of  the 
State  are  hereby  authorized  and  directed  conjointly  or  any 
two  of  them,  to  sell  at  the  earliest  practicable  period  to  the 
highest  bidder  for  cash,  in  lawful  money  of  the  United  States, 
the  State’s  interest  in  the  works  of  Internal  Improvement, 
whether  .as  stockholder  or  creditor,  except  the  State’s  interest 
in  the  Washington  Branch  of  the  Baltimore  and  Ohio  Rail 
Road,  which  shall  be  and  hereby  is  reserved  and  excepted 
from  the  sale  hereby  authorized  and  directed,  and  to  apply 
the  proceeds  arising  from  such  sale  towards  the  payment  of 
the  public  debt  of  the  State,  and  after  the  public  debt  shall 
have  been  fully  paid  off,  or  the  sinking  fund  shall  be  equal  to 


316 


its  liquidation,  the  excess  of  such  sale  shall  he  set  apart  as  a 
permanent  fund  for  the  support  of  public  education; 

Provided  however,  That  the  stock  held  by  the  State  in  the 
Main  Stem  of  the  Baltimore  and  Ohio  Rail  Road  shall  not  be 
sold  for  less  than  its  par  value  in  lawful  money  of  the  United 
States,  and  provided  further,  that  the  interest  held  by  the 
State  in  the  Chesapeake  and  Ohio  Canal  shall  not  be  sold  for 
a  less  sum  than  five  millions  of  dollars,  and  under  such  regu¬ 
lations  as  the  Legislature  may  prescribe. 

Mr.  McComas,  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment  to  section  39,  of  said  Report: 

Add  to  said  section  the  following: 

“Provided  however,  that  prior  to  any  of  said  sales  having 
been  effected,  that  notices  of  the  powers  conferred  by  this  sec¬ 
tion  and  the  amount  of  said  interests,  shall  have  been  pub¬ 
lished  at  least  three  times  in  two  newspapers  supposed  to  have 
the  largest  circulation  in  Baltimore,  Philadelphia,  New  York, 
Boston,  Cincinnati,  Chicago,  St.  Louis,  Liverpool,  London 
and  Paris,  and  that  they  shall  receive  sealed  proposals  for  the 
same,  for  at  least - months  after  the  ratification  of  this  Con¬ 

stitution  by  the  people  of  the  State,  and  reserving  to  them¬ 
selves  the  right  to  reject  or  accept  any  or  all  proposals  thus 
made. 

On  motion  of  Mr.  Purnell, 

It  was  ordered  to  be  entered  on  the  Journal,  that  Mr. 
Smith,  of  Worcester  county,  is  detained  from  his  seat  in  the 
Convention  by  sickness  in  his  family. 

On  motion  of  Mr.  Cunningham, 

It  was  ordered  to  be  entered  on  the  Journal,  that  the  con¬ 
tinued  absence  of  Mr.  Baker,  of  Frederick  county,  is  caused 
by  sickness. 

The  Report  of  the  Committee  on  the  Legislative  Depart¬ 
ment  was  then  taken  up. 

The  question  being  on  the  adoption  of  the  amendment 
as  submitted  by  Mr.  Miller,  viz  : 

Insert  as  an  additional  section  the  following  : 

“Section  — .  The  Legislature  shall  provide  by  law  and 
make  appropriations  from  the  Treasury,  if  necessary,  for  the 
comfortable  support  and  maintenance  of  such  slaves  manu¬ 
mitted  by  the  adoption  of  this  Constitution  as  may,  by  reason 


317 


of  age  or  other  cause,  be  unable  to  support  and  maintain 
themselves/’ 

Mr.  Pugh  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs.  . 

Affirmative. 

Galloway, 

Parker, 

Goldsborougli,  P’t 

Hatch, 

Pugh, 

Abbott, 

Hebb, 

Purnell, 

Annan, 

Audoun, 

Hoffman, 

Kidgely, 

Hopkins, 

Bussell, 

Barron, 

Carter, 

Hopper, 

Sands, 

Schley, 

Kennard, 

Cunningham, 

Ivin  °* 

Snearv, 

Cushing, 

Markey, 

Me  Co  mas. 

Stirling, 

Daniel, 

Swope, 

Sykes, 

Davis,  of  Wash., 

Mullikin, 

Earle, 

Murray, 

Thomas, 

Ecker, 

Negley, 

Todd, 

Farrow, 

Hyman, 

Wooden — 41. 

Messrs. 

Negative. 

Dent, 

Mitchell, 

Berry,  of  P.  Geo. 

Duvall, 

Miller, 

Blackiston, 

Edelen, 

Hollyday, 

Morgan, 

Bond, 

Parran, 

Brown, 

Horsey, 

Peter, 

Chambers, 

Jones,  of  Cecil, 

Smith,  of  Dor. 

Crawford, 

Jones,  of  Som., 

Stockbridge, 

Dail, 

Lee, 

Valliant, 

Davis,  of  Charles, 

Mar  bury, 

Wilmer  —26. 

So  the  call  for  the  previous  question  was  sustained  ; 

The  question  then  being  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Miller, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 


318 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Dent, 

Mitchell, 

Berry,  of  P.  Geo., 

Duvall, 

Miller, 

Blackiston, 

Edelen, 

Morgan, 

Bond, 

Hollyday, 

Parran, 

Brown, 

Horsey, 

Peter, 

Chambers, 

Jones,  of  Som. 

Smith,  of  Dor., 

Crawford, 

Lee, 

Valliant, 

Dail, 

Davis,  of  Charles, 

Marbury, 

Negative. 

Wilmer — 24. 

Messrs. 

Hatch, 

Hebb, 

Pugh, 

Goldsborough,  P’t 

Purnell, 

Bidgely, 

Abbott, 

Hoffman, 

Annan, 

Hopkins, 

Russell, 

Audoun, 

Hopper, 

Sands, 

Barron, 

Jones,  of  Cecil, 

Schley, 

Carter, 

Kennard, 

Sneary, 

Cunningham, 

King, 

Stirling, 

Cushing, 

Mar  key, 

Stockbridge, 

Daniel, 

McComas, 

Swope, 

Sykes, 

Thomas, 

Davis,  of  Wash., 

Mullikin, 

Earle, 

Murray, 

Ecker, 

Negley, 

Todd, 

Farrow, 

Galloway, 

Nyman, 

Parker, 

Wooden — 43. 

So  the  question 
negative. 

upon  its  adoption 

was  decided  in  the 

Mr.  Duvall  submitted  the  following  amendment  as  an  ad¬ 
ditional  section  of  said  report : 


Sec.  — .  The  General  Assembly  shall  have  power  to  pass 
such  laws  as  are  necessary  to  provide  for  the  distribution  of 
any  appropriation  hereafter  made  by  the  General  Govern¬ 
ment  to  the  State  of  Maryland,  to  enable  the  State  to  com¬ 
pensate  the  masters  or  claimants  of  slaves  emancipated  from 
servitude  by  the  adoption  of  this  Constitution. 

Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment  to  said  amendment : 

Add  to  proposed  section  the  following:  <c Or  taken  away 
from  their  owners  under  authority  of  the  President  of  the 
United  States,  whereby  their  services  have  been  lost  to  their 
said  owners.” 


319 


The  question  being  on  the  adoption  of  the  said  amend¬ 
ment  to  the  amendment, 

Mr.  Barron  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

Mr.  Miller  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hatch, 

Pugh, 

Goldsborough,  P’ t 

Hebb, 

Purnell, 

Abbott, 

Hoffman, 

Ridgely, 

Annan, 

Hopkins, 

Russell, 

Audoun, 

Hopper, 

Sands, 

Barron, 

Jones,  of  Cecil, 

Schley, 

Carter, 

Kennard, 

Stirling, 

Cunningham, 

King, 

Stockbridge, 

Cushing, 

Markev, 

McComas, 

Swope, 

Daniel, 

Sykes, 

Davis,  of  Wash., 

Mullikin, 

Thomas, 

Earle, 

Murray, 

Todd, 

Ecker, 

Negley, 

Valliant, 

Farrow, 

Galloway, 

Nyman, 

Parker, 

Negative. 

Wooden — 43. 

Messrs. 

Davis,  of  Charles, 

Marbury, 

Berry,  of  P.  Geo., 

Dent, 

Mitchell, 

Blackiston, 

Duvall, 

Miller, 

Bond, 

Edelen, 

Morgan, 

Brown, 

Holly  day, 

Parran, 

Chambers, 

Horsey, 

Peter, 

Crawford, 

Jones  of  Somerset, 

Smith  of  Dor. 

Dail, 

Lee, 

Wilmer — 23. 

So  the  call  for  the  previous  question  was  sustained. 

The  question  then  being  on  the  adoption  of  the  amend¬ 
ment  to  the  amendment  as  submitted  by  Mr.  Jones,  of 
Somerset, 

It  was  decided  in  the  negative. 

Mr.  Stirling  submitted  the  following  amendment  to  the 
amendment : 


320 


Strike  out  all  the  proposed  amendment  after  the  word 
“The,”  and  insert  the  following  : 

“General  Assembly  shall  have  power  to  receive  from  the 
United  States  any  grant  or  donation  of  land,  money  or  se¬ 
curities  for  any  purpose  designated  by  the  United  States,  and 
shall  administer  or  distribute  the  same  according  to  the  con¬ 
ditions  of  the  said  grant 

Which  was  adopted. 

The  question  then  recurring  on  the  adoption  of  the  section 
as  amended, 

Mr.  Sands  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


essrs. 

Affirmative. 

Ecker, 

Murray, 

G-oldsborough,  P’t 

Edelen, 

Negley, 

Abbott, 

Farrow, 

Galloway, 

Nyman, 

Parker, 

Annan, 

Audoun, 

Hebb, 

Hoffman, 

Parran, 

Barron, 

Peter, 

Pugh, 

Berry,  of  P.  Geo., 

Hollyday, 

Blackiston, 

Hopkins, 

Purnell, 

Bond, 

Hopper, 

Ridgely, 

Brown, 

Horsey, 

Jones,  of  Cecil, 

Russell, 

Carter, 

Sands, 

Chambers, 

Jones,  of  Som., 

Schley, 

Crawford, 

Kennard, 

Smith,  of  Dor 

Cunningham, 

King, 

Stirling, 

Cushing, 

Lee, 

Stockhridge, 

Bail, 

Marbury, 

Swope, 

Daniel, 

Markey, 

Sykes, 

Davis,  of  Charles, 

McComas, 

Thomas, 

Davis,  of  Wash., 

Mitchell, 

Todd, 

Dent, 

Miller, 

Yalliant, 

Duvall, 

Morgan, 

Wilmer, 

Earle, 

Mullikin, 

Wooden — 65. 

Negative. — Mr.  Hatch,  1. 

* 

So  the  question  upon  its  adoption  was  decided  in  the  af¬ 
firmative. 

Mr.  Thomas  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  as  an  additional  section  : 


321 


“Sec.  — .  Laws  shall  he  passed  by  the  Legislature  taxing, 
by  a  uniform  rule,  all  moneys,  credits,  investments  in  bonds, 
stocks,  joint  stock  companies  or  otherwise,  and  also  all  real 
and  personal  property,  according  to  its  true  or  actual  value 
in  money,  and  the  tax  payable  thereon  shall  be  paid  to  the 
county  or  city  where  the  same  is  located  at  the  time  cf  its 
assessment  or  valuation,  and  the  location  of  all  stocks,  bonds 
or  other  evidence  of  debt  shall  be  in  the  county  or  city  where 
the  principal  office  of  transacting  the  business  of  such  com¬ 
pany  or  corporation  is  located  i 

The  Convention  then  proceeded  to  the  consideration  of  the 
39th  section  of  said  Report. 

The  amendments  submitted  by  Messrs.  Duvall  and  Parra n, 
on  yesterday,  were  severally  withdrawn. 

On  motion  of  Mr.  Stockbridge, 

The  vote  by  which  the  amendment  to  said  section,  as  sub¬ 
mitted  by  Mr.  Ridgely,  was  adopted  on  Saturday,  was  re¬ 
considered 

The  question  being  upon  the  adoption  of  the  following 
amendment  as  submitted  by  Mr.  Ridgely,  viz: 

Strike  out  the  section  as  reported,  and  insert  the  following: 

“Sec.  39.  The  Governor,  Comptroller  and  Treasurer  of  the 
State,  are  hereby  authorized  conjointly,  or  any  two  of  them, 
to  sell  from  time  to  time  according  to  their  best  judgment  the 
State’s  interest  in  the  works  of  Internal  Improvement,  wheth¬ 
er  as  stockholder  or  creditor,  also  the  State’s  interest  in  any 
Backing  Corporation,  and  to  apply  the  proceeds  arising  there¬ 
from  towards  the  payment  of  the  public  debt  of  the  State ; 
and  after  the  public  debt  shall  have  been  fully  paid  off,  or 
the  sinking  fund  shall  be  equal  to  its  liquidation,  the  excess 
of  such  sales  shall  be  set  apart  as  a  permanent  fund  for  the 
support  of  public  education  ;  provided  however,  that  the 
power  hereby  conferred,  shall  only  be  exercised  when  the 
proceeds  of  such  sales  can  be  converted  into  a  like  amount  of 
the  public  debt ;  and  provided  further,  that  the  State’s  interest 
in  the  Washington  Branch  of  the  Baltimore  and  Ohio  Rail 
Road,  shall  be  and  is  hereby  reserved  and  excepted  from  the 
sale  hereby  authorized  ;  and  provided  further,  that  the  State’s 
interest  in  or  claim  against  other  works  of  internal  improve¬ 
ment  in  the  State,  may  be  sold  upon  the  best  terms  which 
mav  be  obtained  for  the  same.” 

Mr.  Thomas  submitted  the  following  amendment  to  said 
amendment : 

41 


322 


After  the  word  “debt”  in  the  14th  line  add  the  following  : 

But  provided  further,  “That  the  State’s  interest  in  the  Wash¬ 
ington  Branch  of  the  Baltimore  and  Ohio  Rail  Road,  and  of 
the  Main  Stem  of  the  Baltimore  and  Ohio  Rail  Road  and  of 
the  Chesapeake  and  Ohio  Canal  shall  be  and  is  hereby  reserv¬ 
ed  and  excepted  from  the  sale  hereby  authorized.” 

Pending  the  consideration  of  which. 

On  motion  of  Mr.  Abbott, 

The  further  consideration  of  the  whole  matter  was  in¬ 
formally  passed  over. 

The  following  amendment  to  said  Report,  as  submitted  by 
Mr.  Smith,  of  Carroll,  viz  : 

Sec.  —  The  Legislature  shall  make  no  appropriation,  gift 
or  endowment,  directly  or  indirectly,  in  aid  of,  or  for  the  use 
benefit  or  advantage  of  the  State  Agricultural  College,  or  of 
its  professors,  agents  or  employees,  or  any  of  them. 

Was  then  taken  up.' 

On  motion  of  Mr.  Sands, 

The  further  consideration  of  the  subject  was  informally 
passed  over.  * 

Mr.  Schley  and  Mr.  Davis,  of  Washington,  asked  and  ob¬ 
tained  leave  of  absence  for  a  few  days. 

The  following  amendment  to  said  Report,  as  submitted  by 

Mr.  Russell,  viz: 

» 

“The  General  Assembly  shall  pass  laws  providing  that  tlfe 
rites  of  marriage  between  any  persons  legally  competent  to 
contract  marriage  may  be  celebrated  by  any  Minister  of  any 
religious  denomination,  by  any  Mayor  of  a  city,  by  any  Jus¬ 
tice  of  the  Peace,  or  in  such  manner  as  is  usually  practised 
by  the  society  of  people  called  Quakers  ;  and  providing  for 
the  registration  of  all  marriages,  however  solemnized  in  this 
State.” 

Was  then  taken  up. 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Davis,  of  Washington, 

The  Convention  took  a  recess  until  8  o’clock. 


323 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Audoun,  Baker,  Barron,  Berry,  of  Baltimore 
county,  Berry,  of  Prince  George’s,  Billingsley,  Briscoe, 
Brooks,  Carter,  Chambers,  Crawford,  Dail,  Davis,  of  Charles, 
Dellinger,  Dennis,  Gale,  Green,  Hatch,  Henkle,  Hodson, 
Hoffman,  Horsey,  Johnson,  Jones,  of  Cecil,  Keefer,  Larsh, 
Mace,  Mayhugh,  Morgan,  Noble,  Bidgely,  Robinette,  Schley, 
Sclilosser,  Scott,  Smith,  of  Dorchester,  Smith,  of  Worcester, 
Sykes,  Thruston,  Turner,  Valliant,  Wickard,  Wilmer, 
Wooden — 44. 

The  Convention  resumed  the  consideration  of  the  section 
submitted  by  Mr.  Russell,  as  an  amendment  to  the  Report  of 
the  Committee  on  the  Legislative  Department,  viz  : 

“The  General  Assembly  shall  pass  laws  providing  that  the 
rites  of  marriage  between  any  persons  legally  competent  to 
contract  marriage  may  be  celebrated  by  any  Minister  of  any 
religious  denomination,  by  any  Mayor  of  a  city,  by  any  Jus¬ 
tice  of  the  Peace,  or  in  such  manner  as  is  usually  practised 
by  the  society  of  people  called  Quakers  ;  and  providing  for 
the  registration  of  all  marriages,  however  solemnized  in  this 
State.” 

Mr.  Belt  submitted  the  following  amendment  to  said  sec¬ 
tion  : 

4 

“Provided  however,  That  the  General  Assembly  shall  not 
pass  any  law  requiring  the  intervention  of  any  Minister  of 
the  Gospel,  or  of  any  civil  officer,  or  any  registration  as  being 
necessary  to  the  validity  of  any  marriage  which  would  other¬ 
wise  be  valid  at  common  law,  or  under  the  existing  laws  of 
this  State 

Which  was  rejected. 

Mr.  Sands  submitted  the  following  amendment : 

Strike  out  all  after  “Assembly,”  in  the  first  line  and 
insert : 

“Shall  pass  laws  providing  that  the  rites  of  marriage  be¬ 
tween  any  persons  inhabitants  of  this  State,  shall  not  be 
celebrated  by  any  person  within  this  State,  unless  by  some 
Minister  of  religion,  ordained  according  to  the  rites  of  his  or 
her  church,  except  in  the  case  of  persons  members  of  the 


324 


/ 


society  of  Friends,  commonly  called  Quakers,  or  persons  in- 
termarying  with  members  of  that  persuasion,  between  whom 
the  marriage  rites  may  he  celebrated  by  the  Mayor  of  any 
city  of  the  State  or  any  Justice  of  the  Peace  thereof,  or  in  the 
manner  usually  practised  by  the  members  of  that  denomina¬ 
tion  ;” 

Which  was  rejected. 

Mr.  Stirling  submitted  the  following  amendment : 

Strike  out  all  after  the  word  “ Assembly”  and  insert  the 
following: 

“Shall  provide  by  law  for  the  registration  of  births,  mar¬ 
riages  and  deaths,  and  shall  pass  laws  providing  for  the  cele¬ 
bration  of  marriage  between  any  inhabitants  of  this  State  not 
prohibited  by  law  from  marrying;  and  shall  provide  that  any 
persons  prevented  by  consciencious  scruples  from  being  mar¬ 
ried  by  any  of  the  existing  provisions  of  law,  may  be  married 
by  any  Judge  or  Clerk  of  any  Court  of  Record  of  this  State.” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Hebb  demanded  a  division  of  the  subject, 

• 

The  question  then  being  on  the  first  branch,  viz:  “Shall 
provide  by  law  for  the  registration  of  births,  marriages  and 
deaths,  and  shall  pass  laws  providing  for  the  celebration  of 
marriage  between  any  inhabitants  of  this  State  not  prohibited 
by  law  from  marrying;” 


Mr.  Daniel  demanded  the  yeas  and  nays. 
The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Goldsborough,  Pt. 
Abbott, 

Daniel, 

Davis,  of  Wash., 
Farrow, 

Harwood, 


Affirmative. 

Hebb, 

Kino- 

Markey, 

Mullikin, 

Nyman, 

Parker, 


Purnell, 

Smith,  of  Carroll, 
Stirling, 
Stockbridge, 
Swope, 

Todd — 19. 


Messrs. 

Annan, 

Belt, 

Blackiston, 


Negative. 


Ecker, 

Edelen, 

Galloway, 

Hollyday, 


Mitchell, 

Miller, 

Murray, 

Negley, 


325 


Bond, 

Brown, 

Clarke, 

Cunningham, 

Cushing, 

Dent, 

Duvall, 

Earle, 


Hopkins, 

Hopper, 

Jones,  of  Som., 

Kennard, 

Lansdale, 

Lee, 

Marbury, 

McComas, 


Parran, 

Peter, 

Pugh, 
Russell, 
Sands, 
Sneary, 
Thomas — 34. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


By  general  consent,  Mr.  Stirling  withdrew  the  other 
branch  of  his  amendment. 


The  question  then  recurring  upon  the  adoption  of  the 
amendment  submitted  by  Mr.  Russell, 

Mr.  Stirling  demanded  the  yeas  and  nays. 

The  demand  being  sustained,  ' 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Galloway, 

Pugh, 

Abbott, 

Hopper, 

Purnell, 

Annan, 

Cunningham, 

McComas, 

Russell, 

Nyman, 

Parker, 

Stockbridge, 

Cushing, 

Thomas — 16. 

Ecker, 

Peter, 

Negative. 

Messrs. 

Farrow, 

Mitchell, 

Goldsborough,  P;t 

Harwood, 

Miller, 

Belt, 

Hebb, 

Mullikin, 

Blackiston, 

Holly  day, 

Murrav, 

Bond, 

Hopkins, 

Negley, 

Brown, 

Jones,  of  Som., 

Parran, 

Clarke, 

Kennard, 

Sands, 

Daniel, 

King, 

Smith,  of  Carroll, 

Davis,  of  Wash., 

Lansdale, 

Sneary, 

Dent, 

Lee, 

Stirling, 

Duvall, 

Marburv, 

Swope, 

Earle, 

Edelen, 

Mar  key, 

Todd — 36. 

So  the  amendment 

was  rejected. 

Mr.  Duvall  submitted  the  following 
Report : 

amendment  to  said 

326 


“Sec.  — .  The  General  Assembly  shall  pass  laws  providing 
for  the  rites  of  marriage  between  any  persons  legally  compe¬ 
tent  to  contract  marriage,  and  provide  for  the  registration  of 
all  marriages,  in  whatever  manner  the  same  may  be  solemn¬ 
ized.” 

On  motion  of  Mr.  Bond, 

The  Convention  adjourned. 


WEDNESDAY,  July  27,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  Kev.  Mr.  Davenport. 

All  the  members  present  except  the  following : 

Messrs.  Baker,  Belt,  Berry,  of  Baltimore  county,  Billings¬ 
ley,  Brooks,  Crawford,  Davis,  of  Washington,  Dennis,  Gale, 
Greene,  Henkle,  Hodson,  Hoffman,  Johnson,  Keefer,  Mace, 
Mayhugh,  Noble,  Robinette,  Schley,  Schlosser,  Scott,  Smith, 
of  Worcester,  Thruston,  Turner,  Wickard — 26. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Blackiston  presented  a  petition  from  Cornelius  J.  Scott 
and  others,  citizens  of  Kent  county,  asking  a  change  in  the 
place  of  holding  the  sessions  of  the  Court  of  Appeals  ; 

Which  was  read  and  referred  to  the  Committee  on  the 
Judiciary. 

Mr.  Wilmer  submitted  a  similar  petition  from  citizens  of 
Queen  Anne’s  county; 

Which  was  read  and  referred  to  the  same  Committee. 

On  motion  of  Mr.  Blackiston, 

It  was  ordered  to  be  entered  on  the  Journal,  that  had  D. 
C.  Blackiston  been  present  on  Saturday,  July  9th,  he  would 
have  voted  nay  on  the  resolution  offered  by  Mr.  Cushing,  and 
also  on  the  order  offered  on  Tuesday,  July  19th,  by  Mr.  Schley, 


327 


and  the  resolution  offered  on  July  20th,  and  in  favor  of  the 
resolution  offered  by  Mr.  Belt  on  July  21st. 

On  motion  of  Mr.  Clarke, 

It  was  ordered  that  it  be  entered  on  the  Journal,  that  if 
Mr.  Clarke,  of  Prince  George's  county,  had  been  present 
when  the  votes  were  taken  upon  the  order  offered  by  Mr. 
Schley,  on*  Tuesday,  July  19th,  1864,  upon  the  order  sub¬ 
mitted  by  Mr.  Sands  on  Wednesday,  July  20th,  1864,  and 
upon  the  resolutions  offered  by  Mr.  Stirling  on  Wednesday, 
July  20th,  1864,  be  would  have  voted  in  the  negative. 

On  motion  of  Mr.  Ridgely, 

.  It  was  ordered  that  it  be  entered  upon  the  Journal,  upon 
the  request  of  Mr.  Mace,  of  Baltimore  county,  (absent  from 
indisposition,)  that  the  vote  cast  by  him  against  the  propo¬ 
sition  of  Mr.  Schley,  of  Frederick,  requesting  the  President 
of  the  United  States  and  the  military  authorities  in  Maryland 
to  assess  upon  the  known  rebels  of  the  State  the  losses  sus¬ 
tained  by  the  loyal  men  of  the  State  by  the  recent  rebel  raid, 
was  so  cast  in  entire  misconception  of  the  true  state  of  the 
facts,  and  that  upon  more  mature  reflection  and  better  infor¬ 
mation,  he  is  convinced  that  the  proposition  was  just  and 
proper,  and  ought  to  have  been  adopted. 

On  motion  of  Mr.  Barron, 

It  was  ordered  that  it  be  entered  on  the  Journal,  that  if 
John  Barron  had  been  present  on  Monday,  July  25th,  he 
would  have  voted  for  section  40  of  the  Legislative  Depart¬ 
ment,  as  reported  by  the  Committee. 

On  motion  of  Mr.  Marbury, 

It  was  ordered  that  it  be  entered  on  the  Journal,  that  had 
Mr.  Marbury,  of  Prince  George’s  county,  been  present  when 
the  resolution  of  Mr.  Cushing,  of  July  9th,  the  reprisal  reso¬ 
lution  of  Mr.  Schley,  of  July  19th,  and  the  banishment  re¬ 
solution  of  Mr.  Stirling,  of  July  20th,  1864,  were  presented, 
he  would  have  voted  in  the  negative. 

On  motion  of  Mr.  Ridgely, 

It  was  ordered  that  it  be  entered  upon  the  Journal,  that  if 
Mr.  Ridgely,  of  Baltimore  county,  had  been  present  when 
the  vote  was  taken  upon  the  resolutions  offered  by  Mr.  Stir¬ 
ling,  of  Baltimore  city,  on  Thursday,  the  21st  inst.,  relating 
to  disloyalists,  he  would  have  voted  for  the  resolutions. 

The  Report  of  the  Committee  on  the  Legislative  Depart¬ 
ment, 


328 


Was  then  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Duvall,  to  wit : 

•‘Sec.  — .  The  General  Assembly  shall  pass  laws  providing 
for  the  rites  of  marriage  between  any  persons  legally  compe¬ 
tent  to  contract  marriage,  and  provide  for  the  registration  of 
all  marriages,  in  whatever  manner  the  same  may  he*  solemn¬ 
ized/' 

Mr.  Duvall  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Duvall, 

Nyman, 

Abbott, 

Hatch, 

Parker, 

Annan, 

Lansdale, 

Peter, 

Carter, 

Marhury, 

Negative. 

Ridgely — 11. 

Messrs. 

Farrow, 

Murray, 

Goldsborough,  P't 

Galloway, 

Negley, 

Audoun, 

Harwood, 

Parran, 

Barron, 

Hebb, 

Pugh, 

Berry,  of  P.  G., 

Hollyday, 

Purnell, 

Blackiston, 

Hopkins, 

Russell, 

Bond, 

Hopper, 

Horsey, 

Sands, 

Briscoe, 

Smith,  of  Carroll, 

Brown, 

Jones,  of  Cecil, 

Smith,  of  Dor., 

Chambers, 

Jones,  of  Som. 

Sneary, 

Cunningham, 

Kennard, 

Stirling, 

Cushing, 

King, 

Stockbridge, 

Dail, 

Larsh, 

Swope, 

Daniel, 

Lee, 

Sykes,] 

Davis,  of  Charles, 

Markey, 

Thomas, 

Dellinger, 

McComas, 

Todd, 

Dent, 

Mitchell, 

Valliant, 

Earle, 

Miller, 

Wilmer, 

Wooden — 58. 

Ecker, 

Morgan , 

Edelen, 

Multi  kin, 

So  the  amendment  was  rejected. 

On  motion  of  Mr. 

Cushing, 

The  rules  were  suspended. 

Mr.  Cushing  submitted  the  following  order  : 

Ordered,  That  the  President  of  the  Convention  be  author¬ 
ized  to  appoint  an  assistant  secretary  of  the  Convention,  to 
serve  during  the  indisposition  and  absence  of  Mr.  Cole,  and 
that  the  person  so  appointed  receive  the  same  compensation 
as  is  paid  to  the  secretary  ; 

Which  was  adopted. 

The  consideration  of  the  Report  of  the  Committee  on  the 
Legislative  Department, 

Was  resumed. 

On  motion  of  Mr.  Stirling, 

The  vote,  by  which  the  amendment  submitted  by  Mr. 
Russell,  on  yesterday,  was  rejected, 

Was  reconsidered. 

The  question  then  recurred  upon  the  adoption  of  the 
amendment  submitted  by  Mr.  Stirling,  to  wit : 

Strike  out  all  after  the  word  Assembly  and  insert ; 

“Shall  provide  bylaw  for  the  registration  of  births,  marri¬ 
ages  and  deaths,  and  shall  pass  laws  providing  for  the  celebra¬ 
tion  of  marriage  between  any  persons  legally  competent  to 
contract  marriage,  and  shall  provide  that  any  persons  pre¬ 
vented  by  conscientious  scruples  from  being  married  by  .any 
of  the  existing  provisions  of  law  may  be  married  by  any 
Judge  or  Clerk  of  any  Court  of  Record,  or  any  Judge  of 
the  Orphan’s  Court,  or  any  Mayor  of  any  incorporated  city 
in  this  State;” 

Mr.  Chambers  moved  to  lay  the  subject  on  the  table, 

Which  motion  was  lost. 

Mr.  Sands  submitted  the  following  amendment  to  said 
amendment  as  submitted  by  Mr.  Stirling : 

Amend  by  striking  out  the  words  “births,”  and  “deaths,” 
in  the  1st  and  2nd  lines  ; 

Which  was  rejected. 

The  question  then  recurring  upon  the  adoption  of  the 
amendment  as  submitted  by  Mr.  Stirling  ; 

Mr.  Chambers  demanded  a  division  of  the  subject. 

42 


% 


330 


The  question  being  on  the  first  branch  of  said  amend¬ 
ment,  to  wit  : 

“Shall  provide  by  law  for  the  registration  of  births,  mar¬ 
riages  and  deaths  ;” 

t 

It  was  adopted. 

The  question  being  on  the  adoption  of  the  second  branch  of 
said  amendment,  to  wit : 

“And  shall  pass  laws  providing  for  the  celebration  of  mar¬ 
riage  between  any  persons  legally  competent  to  contract 
marriage;” 

Mr.  Miller  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Affirmative. 


Messrs . 

Hatch, 

Pugh, 

Goldsborough,  P’t 

Hopkins, 

Purnell, 

Abbott, 

Plopper, 

Kidgely, 

Annan, 

Jones,  of  Cecil, 

Russell, 

Audoun, 

Kennard, 

Sands, 

Barron, 

King, 

Smith,  of  Carroll, 

Carter, 

Lansdale, 

Stirling, 

Cunningham, 

Larsh, 

Stockbridge, 

Cushing, 

Mar  key, 

Swope, 

Daniel, 

McComas, 

Sykes, 

Dellinger, 

Mullikin, 

Thomas, 

Ecker, 

Murray, 

Todd, 

Farrow, 

Hyman, 

Yalliant, 

Galloway, 

Harwood, 

Parker, 

Peter,  . 

Negative. 

Wooden — 43. 

Messrs. 

Dail, 

Lee, 

Belt, 

Davis,  of  Charles, 

Marbury, 

Berry,  of  P.  G., 
Blackiston, 

Dent, 

Mitchell, 

Duvall, 

Miller, 

Bond, 

Earle, 

Morgan, 

Briscoe, 

Hebb, 

Parran, 

Brown, 

Chambers, 

Hollyday, 

Smith,  of  Dor., 
Sneary, 

Horsey, 

Clarke, 

Jones,  of  Som., 

Wilmer — 26. 

So  the  said  matter 

was  decided  in  the  affirmative. 

331 


The  question  then  being  on  the  adoption  of  the  third  branch 
of  said  amendment,  to  wit: 

“And  shall  provide  that  any  persons  prevented  by  consci- 
encious  scruples  from  being  married  by  any  of  the  existing 
provisions  of  law,  may  be  married  by  any  Judge  or  Clerk  of 
any  Court  of  Record,  or  any  Judge  of  the  Orphans’  Court,  or 
any  Mayor  of  any  incorporated  city  in  this  State.” 

Mr.  Ridgely  moved  to  amend  by  striking  out  the  words  “or 
any  Judge  of  the  Orphans’  Court,” 

Which  motion  prevailed. 

The  question  then  recurring  on  the  adoption  of  said  third 
branch  of  said  amendment, 

Mr.  Brown  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Galloway, 

Peter, 

Goldsboro  ugh,  P’t 

Hatch, 

Pugh, 

Abbott, 

Hopkins, 

Purnell, 

Annan, 

Hopper, 

Jones,  of  Cecil, 

Ridgely, 

Audoun, 

Russell, 

Barron, 

Kennard, 

Sands, 

Belt, 

King, 

Smith,  of  Carroll 

Briscoe, 

Lansdale, 

Stirling, 

Carter, 

Clarke, 

Larsh, 

Stockbridge, 

Markey, 

Swope, 

Cunningham, 

McComas, 

Sykes, 

Cushing, 

Mullikin, 

Thomas, 

Daniel, 

Murray, 

Todd, 

Dellinger, 

Nyman, 

Parker, 

Yalliant, 

Wooden — 45 

Ecker, 

E  arrow. 

Negative, 

.  trill 

Messrs. 

Duvall, 

Marbury, 

Berry,  of  P.  G. 

Earle, 

Mitchell, 

Blackiston, 

Edelen, 

Miller, 

Bond, 

Harwood, 

Morgan, 

Brown, 

Hebb, 

Par  ran. 

Chambers, 

Hollyday, 

Smith,  of  Dor., 

Dail, 

Horsey, 

Sneary, 

Davis,  of  Charles, 
Dent, 

Jones,  of  Som., 
Lee, 

Wilmer — 25.' 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  question  then  recurring  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Russell,  as  amended, 

Mr.  Chambers  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  .appeared  as  follows  : 

Affirmative. 


Messrs. 

Farrow, 

Parker, 

Goldsborough,  P’t 

Galloway, 

Peter, 

Abbott, 

Hatch, 

Pugh, 

Purnell, 

Annan, 

Hopkins, 

Audoun, 

Hopper, 

Ridgely, 

Barron, 

Jones,  of  Cecil, 

Russell, 

Belt, 

Kennard, 

Sands, 

Briscoe, 

King, 

Smith,  of  Carroll, 

Carter, 

Lansdale, 

Stirling, 

Clarke, 

Larsh, 

Stockbridge, 

Cunningham, 

Markey, 

Swope, 

Cushing, 

McComas, 

Thomas, 

Daniel, 

Dellinger, 

Mullikin, 

Todd, 

Murray, 

Yalliant, 

Ecker, 

Nyman, 

Negative. 

Wooden — 44. 

Messrs. 

Earle, 

Marbury, 

Berry,  of  P.  Geo., 

Edelen, 

Mitchell, 

Blackiston, 

Harwood, 

Miller, 

Bond, 

Hebb, 

Morgan, 

Brown, 

Hollyday, 

Parran, 

Chambers, 

Horsey, 

Smith,  of  Dor., 

Davis,  of  Charles, 

Jones,  of  Som. 

Sneary, 

Dent, 

Duvall, 

Lee, 

Wilmer — 24. 

So  the  question  upon  its  adoption 
affirmative. 

was  decided  in  the 

By  general  consent  Mr.  Thomas  withdrew  the  amendment 
to  the  Report  of  the  said  Committee  as  submitted  by  him  on 
yesterday. 

Mr.  Clarke  submitted  the  following  section  as  an  amend¬ 
ment  to  the  Report  of  the  said  Committee  on  the  Legislative 
Department: 


333 


Sec.  - —  ‘  ‘The  Legislature  at  its  first  session  after  the  adoption 
of  this  Constitution  shall  provide  a  mode  by  which  those  persons 
who  were  owners  of  slaves  under  the  laws  of  this  State  on  the 
first  day  of  January  1861,  or  at  the  time  of  the  adoption  of 
this  Constitution,  or  during  the  intervening  period  may  per¬ 
petuate  the  evidence  of  the  number,  names,  ages  and  sex  of 
the  slaves  so  owned  by  them  respectively,  ’ 

The  question  being  on  its  adoption, 

Mr.  Barron  called  the  previous  question  ; 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  then  recurring  upon  the  adoption  of  the 
amendment  as  submitted  by  Mr.  Clarke, 

Mr.  Clarke  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Duvall, 

Miller, 

Belt, 

Edelen, 

Morgan, 

Parker, 

Berry,  of  P.  G. 

Harwood, 

Holly  day, 

Blackiston, 

Par  ran, 

Bond, 

Horsey, 

Peter, 

Briscoe, 

Jones,  of  Som. 

Ridgely, 

Brown, 

King, 

Smith,  of  Dor., 

Chambers, 

Lansdale, 

Stockbridge, 

Clarke, 

Larsh, 

Thomas, 

Dail, 

Lee, 

Marbury, 

Mitchell, 

Negative. 

Todd, 

Davis,  of  Charles, 
Dent, 

Wilmer — 34. 

Messrs. 

Galloway, 

Negley, 

Goldsborough,  P’t 

Hatch, 

Nyman, 

Abbott, 

Hebb, 

Pugh, 

Annan, 

Hopkins, 

Purnell, 

Audoun, 

Hopper, 

Russell, 

Barron, 

Jones,  of  Cecil, 

Sands, 

Cunningham, 

Kennard, 

Sneary, 

Daniel, 

Mar  key, 

Stirling, 

334 


Earle,  McComas,  Swope, 

Ecker,  Mullikin,  Sykes, 

Farrow,  Murray,  Valliant — 32. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Belt  submitted  the  following  section  as  an  amendment 
to  said  Report: 

Sec.  —  “In  all  cases  arising  before  the  adoption  of  this  Consti¬ 
tution,  where  inventories  of  negro  slaves  shall  be  returned  by 
Executors  or  Administrators,  and  in  which  it  shall  happen 
that  the  estate  in  their  hands  would  be  insolvent  without  the 
appraised  value  of  said  negroes,  the  General  Assembly  shall 
make  provision  at  its  first  session  after  the  adoption  of  this 
Constitution,  to  pay  to  such  Executors  or  Administrators  for 
the  benefit  of  said  estates,  the  amount  of  the  appraised  value 
of  such  negro  slaves,  in  each  case  respectively,  or  so  much 
thereof  as  may  be  'sufficient,  together  with  other  assets,  to 
render  the  said  estates  solvent  as  to  bona  tide  creditors,  and 
the  General  Assembly  shall  pass  all  laws  necessary  to  carry 
this  section  into  effect.” 

Mr.  Barron  submitted  the  following  amendment : 

At  end  of  the  amendment  add,  “And  Baltimore  city  shall 
not  be  taxed  for  any  negroes  but  those  within  her  corpora¬ 
tion.” 

Mr.  Thomas  called  the  previous  question. 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  amendment 
to  the  amendment,  as  submitted  by  Mr.  Barron, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative — None. 

Negative, 

Messrs.  Edelen,  Murray, 

Goldsborough,  P’t  Farrow,  Negley, 

Abbott,  Galloway,  J  Nyman, 


335 


Annan, 

Audoun, 

Barron, 

Belt, 

Berry,  of  P.  Geo. 
Blackiston, 

Bond, 

Briscoe, 

Brown, 

Carter, 

Chambers, 

Clarke, 

Cunningham, 

Cushing, 

Bail, 

Daniel, 

Davis,  of  Charles, 
Dellinger, 

Dent, 

Duvall, 

Earle, 

Ecker, 


Harwood, 

Hatch, 

Idebb, 

Holly  day, 

Hopkins, 

Hopper, 

Horsey, 

Jones,  of  Cecil, 
Jones,  of  Som., 
Kennard, 

King, 

Lansdale, 

Larsli, 

Lee, 

Marbury, 

Markey, 

McComas, 

Mitchell, 

Miller, 

Morgan, 

Mullikin, 


Parker, 

Parran, 

Peter, 

Pugh, 

Purnell, 

Eidgely, 

Russell, 

Sands, 

Smith,  of  Carroll, 
Smith,  of  Dor. , 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Valliant, 

Wilmer, 

Wooden — 7L 


So  the  amendment  was  rejected. 

The  question  then  recurring  upon  the  adoption  of  the 
amendment  as  submitted  by  Mr.  Belt, 


Mr.  Miller  demanded  the  yeas  and  nays, 
The  demand  being  sustained, 


The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Belt, 

Berry,  of  P.  Geo., 
Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 


Messrs. 


Davis,  of  Charles 
Dent, 

Duvall, 

Hollyday, 

Horsey, 

Jones,  of  Som. 
Lansdale, 

Lee, 

Negative. 

Galloway, 

Harwood, 

Hatch, 

Hebb, 

Hopkins, 


Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Peter, 

Smith,  of  Dor. 
Wilmer — 23. 


Parker, 

Pugh, 

Purnell, 

Eidgely, 

Russell, 


Goldsborough ,  P’t 
Abbott, 

Annan, 

Audoun, 


336 


Barron, 

Carter, 

Clarke, 

Cunningham 

Cushing, 

Dail, 

Daniel, 

Dellinger, 

Earle, 

Ecker, 

Edelen, 

Farrow, 


Hopper, 

Jones,  of  Cecil, 
Kennard, 

King, 

Larsh, 

Markey, 

McComas, 

Mullikin, 

Murray, 

Negley, 

Nyman, 


Bands, 

Smith,  of  Carroll  , 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Valliant, 

Wooden — 48. 


So  the  amendment  was  rejected. 


Mr.  Dent  and  Mr.  Daniel  asked  for  and  obtained  leave  to 
absent  themselves  from  the  Convention  to-night  and  to-mor¬ 
row. 

Mr.  Thomas  (seconded  by  Messrs.  Stockbridge  and  Todd) 
moved  to  reconsider  the  vote  taken  to-day,  by  which  the 
amendment  to  the  Report  of  the  Committee  on  Legislative 
Department,  as  submitted  by  Mr.  Clark,  was  adopted. 

The  question  being  on  the  adoption  of  this  motion, 


Mr.  Pugh  called  the  previous  question. 
The  question  being, 

“Shall  the  main  question  be  now  put?” 
It  was  decided  in  the  affirmative. 


The  question  then  recurring  upon  Mr.  Thomas’  motion  to 
reconsider, 


Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Goldsborough, 

Abbott, 

Annan, 

Audoun, 

Barron, 

Carter, 


Galloway, 
’t  Hatch, 
Hebb, 
Hopkins, 
Hopper, 
Kennard, 
Markey, 


Purnell, 

Russell, 

Sands, 

Smith,  of  Carroll, 
Sneary, 

Stirling, 

Stockbridge, 


337 


Cunningham, 

McComas, 

Swope, 

Cushing, 

Mullikin, 

Sykes, 

Thomas, 

Daniel, 

Murray, 

Dellinger, 

Negley, 

Todd, 

Earle, 

Nyman, 

Parker, 

Pugh, 

Negative. 

Valliant, 

Ecker, 

Farrow, 

Wooden — 40. 

essrs. 

Dent, 

Lee, 

Berry,  of  P.  Geo. 

Duvall, 

Marbury, 

Blackiston, 

Edelen, 

Mitchell, 

Bond, 

Harwood, 

Miller, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 

Dail, 

Davis,  of  Charles, 


Hollyday, 

Horsey, 

Jones,  of  Cecil. 
Jones,  of  Som. 
King, 
Lansdale, 


Morgan, 

Par  ran, 

Peter, 

Ridgely, 

Smith,  of  Dor., 
Wilmer — 29. 


So  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  amend¬ 
ment  as  submitted  by  Mr.  Clark,  to  the  Report  of  the  Com¬ 
mittee  on  the  Legislative  Department ; 


Mr.  Todd  submitted  the  following  amendment  to  said 
amendment : 

Amend  by  adding  at  end  :  “Provided,  that  the  expense  of 
such  census  and  registration  in  each  case  be  met  by  the 
owner  of  such  slaves;” 

Mr.  Abbott  submitted  the  following  amendment  to  said  * 
amendment : 


“Sec.  — .  The  Legislature  at  its  first  session  after  the  adop¬ 
tion  of  this  Constitution  shall  provide  a  mode  by  which  those 
colored  persons  who  have  been  liberated  from  slavety  by  its 
adoption  shall  be  registered  for  the  purpose  of  receiving  pro- 
rota  any  money  or  other  appropriation  made  by  the  General 
Government  or  otherwise  for  their  benefit.” 

Mr.  Jones,  of  Sorperset,  moved  that  the  Convention  do 
now  adjourn, 

Upon  which  motion, 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, , 

43 


338 


The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Dail, 

Lee, 

Abbott, 

Davis,  of  Charles, 

Marbury, 

Berry,  of  P.  Geo. 

Duvall, 

Mitchell, 

Blackiston, 

Edelen, 

Miller, 

Bond, 

Harwood, 

Morgan , 

Briscoe, 

Holly  day, 

Parran, 

Brown, 

Horsey, 

Peter, 

Carter, 

Jones,  ofSorn. , 

Smith,  of  Dor. 

Chambers, 

King, 

Wilmer — 28. 

Clarke, 

Lansdale, 

Negative. 

Messrs. 

Hebb, 

Pugh, 

Goldsborough,  P't 

Hopkins, 

Purnell, 

Annan, 

Hopper, 

Ridgely, 

Audoun, 

Jones,  of  Cecil, 

Russell, 

Barron, 

Kennard, 

Sneary, 

Cunningham, 

Larsh, 

Stirling, 

Cushing, 

Mar  key, 

Swope, 

Dellinger, 

McComas, 

Sykes, 

Earle, 

Mullikin,  * 

Thomas, 

Ecker, 

Murray, 

Todd, 

Farrow. 

j 

Negley, 

Yalliant, 

Galloway, 

Nyman, 

Wooden — 37. 

Hatch, 

Parker, 

So  the  Convention  refused  to  adjourn. 

The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Todd, 

Mr.  Sykes  called  the  previous  question  ; 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment,  submitted  by  Mr.  Todd  ;  . 

Mr.  Marbury  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


339 


Affirmative. 


Messrs. 

Horsey, 

Miller, 

Blackiston, 

Jones,  of  Som., 

Morgan, 

Clarke, 

Lansdale, 

Peter, 

Dail, 

Lee, 

Smith,  of  Dor., 

Duvall, 

Marbury, 

Todd, 

Harwood, 

Mitchell, 

Negative. 

Wilmer — 17. 

Messrs. 

F  arrow. 

hlyrnan, 

Goldsborough,  P’t 

Galloway, 

Parker, 

Abbott, 

Hatch, 

Pugh, 

Annan, 

Hebb, 

Purnell, 

Audoun, 

Holly  day, 

Ridgely, 

Barron, 

Hopkins, 

Russell, 

Belt, 

Hopper, 

Sands, 

Brown, 

Jones,  of  Cecil, 

Smith,  of  Carroll 

Carter, 

Kennard, 

Sneary, 

Cunningham, 

King, 

Stirling, 

Cushing, 

Larsh, 

Swope, 

Sykes, 

Davis,  of  Charles, 

Mar  key, 

Dellinger, 

McComas, 

Thomas, 

Earle, 

Mullikin, 

Valliant, 

Ecker, 

Edelen, 

So  the  amendment 

Murray, 

Negley, 

was  rejected. 

Wooden — 46. 

The  question  then  recurring  upon  the  amendment  sub 
mitted  by  Mr.  Abbot ; 

Which  was  rejected. 

The  question  then  recurring  upon  the  amendment  as  sub 
mitted  by  Mr.  Clark, 

Mr.  Jones,  of  Somerset,  demanded  the 
The  demand  being  sustained, 

yeas  and  nays, 

The  yeas  and  nays 

were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs. 

Holly  day, 

Mitchell, 

Blackiston, 

Horsey, 

Parker, 

Brown, 

Jones  of  Somerset, 

Parran, 

Dail, 

King, 

Ridgely, 

Davis,  of  Charles, 

Lansdale, 

Smith,  of  Carroll 

Duvall, 

Larsh, 

Stockbridge, 

Edelen, 

Lee, 

Thomas, 

Harwood, 

Marbury, 

Todd — 23. 

340 


Messrs. 

Negative. 

Farrow, 

Negley, 

Goldsborough,  P’ t 

Galloway, 

Nyman, 

Abbott, 

Hatch, 

Pugh, 

Annan, 

Audoun, 

Hebb, 

Purnell, 

Hopkins, 

Russell, 

Barron, 

Hopper, 

Sands, 

Belt, 

Jones,  of  Cecil, 

Sneary, 

Clarke, 

Kennard, 

Stirling, 

Cunningham, 

Markey, 

Swope, 

Sykes, 

Cashing, 

McComas, 

Dellinger, 

Miller, 

Valliant, 

Earle, 

Mullikin, 

Wooden — 

Ecker, 

Murray, 

So  the  amendment  was  rejected. 


On  motion  of  Mr.  Swope, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING!  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Berry,  of  Baltimore  county,  Billingsley, 
Bond,  Briscoe,  Brooks,  Carter,  Chambers,  Crawford,  Dail, 
Daniel,  Davis,  of  Charles,  Davis,  of  Washington,  Dennis, 
Dent,  Gale,  Hatch,  Henlde,  Iiodson,  Hoffman,  Johnson, 
Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Larsh,  Mace, 
Mayhugh,  Morgan,  Noble,  Ridgely,  Russell,  Schlosser,  Scott, 
Smith,  of  Dorchester,  Smith,  of  Worcester,  Sykes,  Thomas, 
Thruston,  Turner,  Valliant  Wickard,  Wilmer — 42. 

The  President  laid  before  the'  Convention  the  following 
communication  from  the  Treasurer  of  the  State  : 


341 


Treasurer’s  Office, 

Annapolis,  July  27th,  1864. 

To  the  Honorable  the  President  of  the  Convention : 

In  obedience  to  an  order  passed  by  your  honorable  body, 
I  have  the  honor  of  submitting  the  enclosed  answers. 

It  will  be  observed  that  the  2nd  and  6th  enquiry  being  so 
nearly  the  same  are  answered  in  one,  the  7th  is  omitted  for 
the  present,  as,  it  requires  a  great  deal  of  labour  and  time  to 
answer  it  correctly,  I  would  most  respectfully  suggest  to  the 
Convention,  that  if  it  be  desirable  to  have  the  information  ask¬ 
ed  for  in  the  7th  enquiry  very  soon,  that  it  might  be  advisa¬ 
ble  to  direct  one  of  the  Clerks  to  the  Convention  to  furnish  it, 
and  thereby  relieve  my  Clerk  from  the  duty. 

The  10th  enquiry  I  can  give  no  better  answer  than  to  call 
the  attention  of  your  honorable  body  to  page  13,  Statement 
I,  of  the  Comptroler’s  Beport,  1863,  of  the  State’s  capital 
and  credits,  all  of  which  is  most  respectfully  submitted. 

I  have  the  honor  to  be, 

Very  truly  yours, 

K.  FOWLER, 

Treasurer  of  Md. 


STATEMENT. 


342 


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344 


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345 


The  Convention  then  resumed  the  consideration  of  the 
Report  of  the  Committee  on  the  Legislative  Department. 

Mr.  Cushing  moved  to  proceed  to  the  consideration  of  the 
39th  section  of  said  report ; 

On  which  motion, 

Mr.  Cushing  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Galloway, 

Pugh, 

Goldsborough,  Pt. 

Greene, 

Purnell, 

Abbott, 

Hebb, 

Robinette, 

Annan, 

Baker, 

Hopkins, 

Sands, 

Schley, 

Hopper, 

Cunningham, 

Kennard, 

Smith,  of  Carroll, 

Cushing, 

Markey, 

Sneary, 

Dellinger, 

McComas, 

Stirling, 

Earle, 

Mullikin, 

Swope, 

Ecker, 

Murray, 

Todd, 

Farrow, 

Hyman, 

Negative. 

Wooden — 32. 

Messrs. 

Edelen, 

Marbury, 

Audoun, 

Harwood, 

Mitchell, 

Belt, 

Hollyday, 

Miller, 

Berry,  of  P.  Geo., 

Horsey, 

Negley, 

Blackiston, 

Jones,  of  Somerset 

Parker, 

Brown, 

Chambers, 

King, 

Parran, 

Lansdale, 

Peter, 

Clarke, 

Duvall, 

Lee, 

Stockbridge — 24. 

So  the  motion  prevailed. 

The  question  then  being  on  the  39th  section  and  the  pro¬ 
posed  amendments  thereto  ; 


Mr.  Cushing  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 
The  demand  being  sustained, 

44 


346 


# 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Galloway, 

Robinette, 

Goldsborough,  P’t 

Greene, 

Sands, 

Abbott, 

Hebb, 

Schley, 

Annan, 

Hopkins, 

Smith,  of  Carroll 

Baker, 

Markey, 

Sneary, 

Cunningham, 

McComas, 

Stirling, 

Cushing, 

Mullikin, 

Swope, 

Dellinger, 

Murray, 

Todd, 

Ecker, 

Hyman, 

Purnell, 

Wooden — 28. 

Farrow, 

•  »  r 

Messrs. 

Negative. 

Edelen, 

Marbury, 

Audoun, 

Harwood, 

Holly  day, 

Mitchell, 

Belt, 

Miller, 

Negley, 

Berry,  of  P.  Geo., 

Hopper, 

Blackiston, 

Horsey, 

Parker, 

Brown,. 

Jones,  of  Som., 

Par  ran, 

Chambers, 

Kennard, 

Peter, 

Clark, 

King, 

Pugh, 

Duvall, 

Lansdale, 

Stockbridge — 28. 

Earle, 

So  the  question  was 

Lee, 

decided  in  the  negative. 

Mr.  Negley  moved,  “That  the  39th  section  of  the  Report 
of  the  Committee  on  the  Legislative  Department,  together 
with  all  the  proposed  amendments  thereto,  he  referred  to  a 
special  committee  of  nine,  with  instructions  to  report,  on  or 
before  12  o’clock  noon  on  Friday  next  ;” 

Mr.  Stirling  moved  to  lay  said  motion  on  the  table, 

*  t  • 

On  which  last  motion, 

Mr.  Negley  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Baker, 


Affirmative. 

Greene, 

Hebb, 

Hopkins, 

Hopper, 

Markey, 


Purnell, 

Robinette, 

Sands, 

Schley, 

Smith,  of  Carroll 


347 


Cunningham, 

McComas, 

Snearv, 

Cushing, 

Mullikin, 

Stirling, 

Ecker, 

Murray, 

Swope, 

Farrow, 

Galloway, 

Nyman, 

Negative. 

Wooden — 27. 

Messrs. 

Edelen, 

Mitchell, 

.  Audoun, 

Harwood, 

Miller, 

Belt, 

Berry,  of  P.  Geo. 

Hollyday, 

Negley, 

Horsey, 

Parker, 

Blackiston, 

Jones,  of  Som., 

Parran, 

Brown, 

Kennard, 

Peter, 

Chambers, 

King, 

Pugh, 

Clarke, 

Lansdale, 

Stockbridge, 

Duvall, 

Lee, 

Todd — 28. 

Earle, 

Marbury, 

So  the  motion  to  lie  on  the  table,  was  decided  in  the  nega¬ 
tive. 

The  question  then  recurring  upon  the  adoption  of  the 
motion  submitted  by  Mr.  Negley, 

Mr.  Schley  submitted  the  following  amendment  to  said 
motion: 

Add  at  the  end  thereof  “and  that  said  special  committee  be 
instructed  to  report  a  provision  for  the  sale  of  the  works  of 
Internal  Improvement,  in  which  the  State  is  interested  as 
stockholder  or  creditor,” 

The  question  being  on  the  adoption  of  the  said  amend¬ 
ment, 

Mr.  Abbott  demanded  the  yeas  and  nays. 

•  The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 

Messrs. 

Abbott, 

Baker, 

Clarke, 

Farrow, 

Harwood 
Schley — 1 

Negative. 

Messrs. 

Goldsborough,  P’t 
Annan, 

Audoun  i 

Hebb, 

Hollyday, 

Hopkins, 

Hopper, 

Negley, 

Nyman, 

Parker, 

Parran, 

348 


Belt, 

Horsey, 

Peter, 

Berry,  of  P.  Geo., 

Jones,  of  Som. 

Pugh, 

Blackiston, 

Kennard, 

Purnell, 

Brown, 

Chambers, 

King, 

Lansdale, 

Robinette, 

Sands, 

Cunningham, 

Lee, 

Smith,  of  Carroll 

Cushing, 

Marbury, 

Sneary, 

Dellinger, 

Markey, 

Stirling, 

Earle, 

McComas, 

Stockbridge, 

Ecker, 

Mitchell, 

Swope, 

Edelen, 

Miller, 

Todd, 

Galloway, 

Greene, 

Mullikin, 

Murray, 

Wooden — 49. 

So  the  amendment  was  rejected. 

Mr.  Stirling  submitted  the  following  amendment, 

Strike  out  the  words  “report  an  article  on  the  sale  of  the 
Public  Works,”  and  insert,  “report  in  favor  of  omitting  all 
reference  to  the  Public  Works  in  the  Legislative  Article,” 


Which  was  lost. 

The  question  then  recurring  upon  the  adoption  of  the 
motion  as  submitted  by  Mr.  Negley, 

Mr.  Miller  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Goldsborough,P’t 

Audoun, 

Belt, 

Berry,  of  P.  Geo., 

Blackiston, 

Brown, 

Chambers, 

Clarke, 

Earle, 

Edelen, 


Galloway, 

Harwood, 

Hollyday, 

Hopper, 

Horsey, 

Jones,  of  Som., 
Kennard, 

King, 

Lansdale, 

Lee, 

Mar  bury, 


* 

Messrs. 

Abbott, 

Annan, 

Baker, 


Negative. 

Greene, 

Ilebb, 

Hopkins, 

Markey, 


McComas, 

Mitchell, 

Miller, 

Negley, 

Parker, 

Parran, 

Peter, 

Pijgh, 

Stockbridge, 
Todd — 31. 


Robinette, 

Sands, 

Schley, 

Smith  of  Car. 


349 


Cunningham, 

Cushing, 

Dellinger, 

Ecker, 

Farrow, 


Mullikin, 

Murray, 

Nyman, 

Purnell, 


So  the  motion  prevailed. 


Sneary, 
Stirling, 
Swope, 
Wooden — 24. 


The  President  in  accordance  with  said  motion,  appointed 
the  following  Committee  : 


Messrs.  Negley,  Stirling,  Audoun,  Schley,  Pugh,  Clarke, 
Parran,  Purnell,  Jones,  of  Somerset. 

On  motion  of  Mr.  Audoun, 

The  Convention  adjourned. 


THURSDAY,  July  28th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following : 

Messrs.  Berry,  of  Baltimore  county,  Billingsley,  Brooks, 
Brown,  Daniel,  Davis,  of  Washington,  Dennis,  Dent,  Gale, 
Greene,  Henkle,  Hodson,  Hoffman,  Horsey,  Johnson,  Jones, 

•  of  Somerset,  Mace,  Mayhugh,  Noble,  Peter,  Schlosser,  Scott, 
Smith,  of  Dorchester,  Smith,  of  Worcester,  Thruston,  Tur¬ 
ner — 26. 

The  proceedings  of  yesterday  were  read  and  approved. 

The  President  appointed  Mr.  Jno.  Garigle,  Assistant  Sec¬ 
retary,  in  accordance  with  the  order  adopted  on  yesterday. 

Mr.  Markey  asked  and  obtained  leave  of  absence  for  a  few 
days. 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

It  was  ordered  to  he  entered  on  the  Journal,  that  if  Mr. 
Berry,  of  Prince  George’s,  had  been  in  his  seat  when  the  final 


« 


350 


vote  was  taken  upon  tlie  adoption  of  the  Bill  of  Rights,  he 
would  have  voted  in  the  negative  ;  and  that  if  present,  he 
would  also  have  voted  against  the  adoption  of  section  40  of  the 
Report  on  the  Legislative  Department,  and  against  the  reso¬ 
lution  of  Mr.  Cushing  passed  July  9th,  the  order  of  Mr. 
Schley,  passed  July  19th,  and  the  preamble  and  resolutions 
of  Mr.  Stirling,  passed  July  20th  1864. 

On  motion  of  Mr.  Baker, 

It  was  ordered  to  he  entered  on  the  Journal,  that  if  Mr. 
Baker,  of  Frederick  county,  had  been  present  when  the  vote 
was  taken  upon  the  order  submitted  by  Mr.  Schley,  on  the 
19th  inst.,  and  the  order  submitted  by  Mr.  Sands,  on  the  20th 
inst.,  and  the  resolutions  offered  by  Mr.  Stirling,  on  the  20th 
inst.,  and  also,  upon  the  adoption  of  section  40  of  the  Report 
of  the  Standing  Committee  on  the  Legislative  Department,  he 
would  have  voted  in  the  affirmative  in  each  case. 

Mr.  Pugh,  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  order  : 

Ordered,  That  during  the  consideration  of  the  Report  of 
the  Committee  on  Basis  of  Representation,  each  speaker  shall 
be  limited  to  ten  minutes,  and  the  time  shall  in  no  case  be 
extended  excepting  upon  a  concurrence  of  two-thirds  of  the 
members  present. 

On  motion  of  Mr.  Cunningham, 

It  was  ordered  to  be  entered  on  the  Journal,  that  Mr. 
Schlosser,  of  Frederick  countj^,  is  detained  at  home  by  sick¬ 
ness. 

Mr.  Belt  submitted  the  following  order  : 

Ordered,  That  i^hc  Speeial  Committee  on  the  39th  section 
of  the  Legislative  Department  be  requested  to  consider  the 
the  following  : 

“Sec.  — .  The  General  Assembly  shall  have  power  to  pass 
all  laws  that  may  be  necessary  to  authorize  the  counties  of 
Allegany,  Washington,  Frederick  and  Montgomery,  or  any 
of  them,  to  create  a  debt  by  the  issue  of  bonds  or  otherwise, 
so  as  to  enable  them,  or  any  of  them,  to  become  the  pur¬ 
chaser  of  the  State’s  interest  in  the  Chesapeake  and  Ohio 
Canal,  whenever  the  same  shall  be  offered  for  sale  under  au¬ 
thority  of  law.” 

Which  was  adopted. 


On  motion  of  Mr.  Cushing, 


251 


The  Convention  then  proceeded  to  the  consideration  of  the 
Reports  submitted  by  the  Committee  on  the  Basis  of  Repre¬ 
sentation  in  the  two  Houses  of  the  General  Assembly  ; 

Mr.  Berry,  of  Prince  George’s,  submitted  %the  following 
amendment : 

“Strike  out  the  entire  Report  submitted  by  the  Majority  of 
said  Committee,  and  insert  in  lieu  thereof  the  Report  submit¬ 
ted  by  the  Minority  of  said  Committee 

The  question  being  on  the  adoption  of  said  amendment, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Crawford, 

Jones,  of  Som., 

Belt, 

Dail, 

Lansdale, 

Berry,  of  P.  Geo., 

Davis,  of  Charles, 

Lee, 

Blacldston, 

Duvall, 

Edelen, 

Marbury, 

Bond, 

Mitchell, 

Briscoe, 

Harwood, 

Miller, 

Brown, 

Henkle, 

Morgan, 

Chambers, 

Hollyday, 

Peter, 

Clarke, 

Horsey, 

Negative. 

Wilmer — 26. 

Messrs. 

Hebb, 

Ridgely, 

Goldsborough,  P’t 

Hopkins, 

Robinette, 

Abbott, 

Hopper, 

Jones,  of  Cecil, 

Russell, 

Annan, 

Audoun, 

Sands, 

Keefer, 

Schley, 

Baker, 

Kennard, 

Smith,  of  Carroll, 

Barron, 

King, 

Sneary, 

Carter, 

Markey, 

Stirling, 

Cunningham, 

Me  Co  mas, 

Stockbridge, 

Cushing, 

Mullikin, 

Sykes, 

Dellinger, 

Murray, 

Thomas, 

Earle, 

Negley, 

Todd, 

Ecker, 

Nyman, 

Yalliant, 

Farrow, 

Parker, 

Wickard, 

Galloway, 

Pugh, 

Wooden — 46. 

Hatch, 

Purnell, 

So  the  amendment  was  decided  in  tbe  negative. 


352 


Mr.  Chambers  gave  notice  that  on  to-morrow  he  would 
move  to  rescind  the  order  passed  July  21st  inst.,  (page  253,) 
by  which  the  Convention  holds  evening  sessions. 

The  Convention  then  proceeded  to  consider  the  Report 
submitted  by  the  Majority  of  said  Committee  on  the  Basis  of 
Representation. 

Mr.  Kennard  submitted  the  following  amendment : 

Add  to  the  end  of  the  1st  section  as  follows: 

“Which  said  districts  shall  be  called  the  1st,  2nd  and  3rd 
Legislative  Districts  of  Baltimore  city.” 

Which  was  adopted. 

Mr.  Belt  moved  that  the  Report  on  the  Basis  of  Represen¬ 
tation  be  recommitted  to  the  Committee  on  that  subject,  with 
instructions  so  far  to  alter  the  same  as  to  provide  for  the  divi¬ 
sion  of  Baltimore  city  and  every  county  into  as  many  Electo¬ 
ral  Districts  as  each  shall  be  entitled  to  members  of  the  House 
of  Delegates,  so  that  the  people  of  each  of  such  Districts  shall 
elect  one  member;  and  that  said  Committee  report  by  1  o'clock 
on  Friday, 

Which  motion  was  lost. 

On  motion  of  Mr.  Schley, 

The  consideration  of  the  second  section  was  informally 
passed  over. 

Mr.  Schley  submitted  the  following  amendment : 

Sec.  3.  Amend  by  striking  out  all  after  the  word  “for”  in 
the  8th  line,  and  insert : 

“The  next  twenty  thousand  persons  or  a  fractional  portion 
over  one  half  thereof  in  each  county  and  district  of  the  city  of 
Baltimore  ;  above  that  number,  each  county  and  district  of 
said  city  shall  elect  one  Delegate  for  every  eighty  thousand 
persons,  or  fractional  portion  thereof  above  one  half.  Upon 
this  principle,  and  until  the  next  National  census  or  State 
enumeration  of  inhabitants,  the  House  of  Delegates  shall  con¬ 
sist  of  seventy-nine  members,  distributed  as  follows  :  Alle¬ 
gany,  five  members  ;  Anne  Arundel,  two  ;  each  of  the  three 
districts  in  Baltimore  city,  six;  Baltimore  county,  six;  Calvert, 
one;  Caroline,  two;  Carroll,  five  ;  Cecil,  four;  Charles,  one; 
Dorchester,  two;  Frederick,  six;  Harford,  four;  Howard,  two; 
Kent,  one;  Montgomery,  two  ;  Prince  George’s,  two;  Queen 
Anne’s,  two;  St.  Mary’s,  one;  Somerset,  three;  Talbot,  two; 
Washington,  five;  Worcester,  three;” 


353 


Pending  the  consideration  of  which, 

On  motion  of  Mr.  Barron, 

The  Convention  took  a  recess  until  8  o’clock,  P.  M. 


EVENING-  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

Messrs.  Berry,  of  Baltimore  county,  Billingsley,  Brooks, 
Carter,  Crawford,  Dennis,  Dent,  Gale,  Hatch,  Hodson, 
Hoffman,  Johnson,  Jones,  of  Cecil,  Larsh,  Mace,  Markey, 
Mayhugh,  Mitchell,  Morgan,  Noble,  Pugh,  Schlosser,  Scott, 
Smith,  of  Dorchester,  Smith,  of  Worcester,  Sykes,  Thruston, 
Turner,  Valliant,  Wilmer — 30. 

The  consideration  of  the  Report  of  the  Committee  on  the 
Basis  of  Representation, 

Was  resumed  ; 

The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Schley  ; 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Affirmative. 

Farrow, 

Parker, 

Goldsborough,  P’t 

Galloway, 

Purnell, 

Annan, 

Audoun, 

Harwood, 

Ridgely, 

Hebb, 

Robinette, 

Baker, 

Henkle, 

Russell, 

Barron, 

Hopkins, 

Sands, 

Bond, 

Hopper, 

Schley, 

Clark, 

Keefer, 

Smith,  of  Carroll, 

Cunningham, 

Kennard, 

Sneary, 

45 


354 


Cushing, 

King, 

Stirling, 

Dail, 

McComas, 

Swope, 

Thomas, 

Daniel, 

Mullikin, 

Dellinger, 

Murray, 

Todd, 

Earle, 

Ecker, 

Neglev, 

Nyman, 

Negative. 

Wooden — 43. 

essrs. 

Duvall, 

Marbury, 

Abbott, 

Edelen, 

Mitchell, 

Berry,  of  P.  G., 

Hollyday, 

Miller, 

Blacldston, 

Horsey, 

Parran, 

Brown, 

Jones,  of  Som. 

Peter, 

Chambers, 

Lansdale, 

Stockbridge, 

Davis,  of  Charles, 

Lee, 

Wickard — 20. 

So  the  said  amendment  was  adopted. 


Mr.  Clarke  submitted  the  following  amendment : 

Sec.  3.  Strike  out  all  after  the  word  “the”  in  1st  line  and 
insert/’ 

“Legislature,  at  its  first  session  after  the  adoption  of  this 
Constitution,  and  at  its  first  session  after  the  returns  of  each 
National  census  are  published  under  the  authority  of  Congress, 
shall  apportion  the  members  of  the  House  of  Delegates  among 
the  several  counties  of  the  State  and  the  city  of  Baltimore  ac¬ 
cording  to  the  population  of  each,  provided  the  whole  number 
of  Delegates  shall  never  exceed  eighty-five  members,  and  pro¬ 
vided  that  each  county  and  said  city  shall  he  divided  into 
separate  Election  Districts  of  compact,  contiguous  territory, 
the  qualified  voters  in  each  of  which  districts  shall  at  the  time 
and  in  the  manner  in  which  Delegates  are  chosen,  elect  one 
Delegate,  who  has  ’for  one  year  next  before  his  election  been 
a  resident  of  the  District  from  which  he  shall  be  elected.  The 
apportionment  of  the  Delegates  among  the  several  counties 
and  the  city  of  Baltimore  shall  remain  the  same  as  provided 
by  the  present  Constitution,  until  the  second  election  held  for 
members  of  the  House  of  Delegates  after  the  adoption  of  this 
Constitution,  and 

The  General  Assembly  shall  hereafter  elect  United  States 
Senators  and  all  officers  who  are  elected  by  the  Legislature, 
by  a  concurrent  vote  of  the  two  Houses  and  not  by  joint  bal¬ 
lot.” 

Mr.  Thomas  submitted  the  following  amendment  to  the 
amendment, 

10th  line,  insert  the’ word  “white/’  before  population; 


355 


Pending  the  consideration  of  which; 

On  motion  of  Mr.  Kennard, 

The  Convention  adjourned. 


FRIDAY,  July  29th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following : 

Messrs.  Belt,  Berry,  of  Baltimore  county,  Billingsley, 
Brooks,  Carter,  Cushing,  Dent,  Gale,  Henkle,  Hodson,  Hoff¬ 
man,  Mace,  Markey,  Mayhugh,  McComas,  Noble,  Schlosser, 
Scott,  Smith,  of  Worcester,  Thruston,  Turner — 21. 

The* proceedings  of  yesterday  were  read  and  approved. 

Mr.  Abbott  submitted  the  following  order : 

Ordered,  That  no  entry  be  made  on  the  Journal  hereafter 
expressive  of  members  views  on  subjects  acted  on  in  their  ab¬ 
sence  unless  they  have  been  excused,  or  give  satisfactory  rea¬ 
sons  for  their  absence  from  the  Convention  according  to  rules, 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

The  order  was  laid  on  the  table.  . 

On  motion  of  Mr.  Purnell, 

It  was  ordered  to  be  entered  on  the  Journal  that  if  Mr. 
Purnell,  of  Worcester  county  ,  had  been  present  when  the  votes 
were  taken  upon  the  order  submitted  by  Mr.  Hatch,  of  Balti¬ 
more  city,  and  the  order  offered  by  Mr.  Schley,  of  Frederick 
county,  on  Tuesday,  July  19th  inst.,  the  order  submitted  by 
Mr.  Sands,  of  Howard  county,  on  Wednesday,  July  20th 
inst.,  and  the  resolution  offered  by  Mr.  Stirling,  of  Balti¬ 
more  city,  on  Thursday,  July  21st  inst.,  with  regard  to  the 
disloyalists,  he  would  have  voted  in  the  affirmative  upon  each 
of  said  propositions. 


356 


On  motion  of  Mr.  Galloway, 

It  was  ordered  to  be  entered  upon  the  Journal,  that  Mr. 
McComas  is  absent  from  his  se^t  on  account  of  important  busi¬ 
ness  connected  with  the  draft. 

Mr.  Hollyday  was  excused  from  attending  the  sessions  of 
the  Convention  for  a  few  days. 

\ 

Mr.  Pugh  submitted  the  following  order  : 

Ordered,  That  during  the  consideration  of  the  Report  of 
the  Committee  on  Basis  of  Representation,  each  speaker  shall 
be  limited  to  ten  minutes,  and  the  time  shall  in  no  case  be 
extended  excepting  upon  a  concurrence  of  two-thirds  of  the 
members  present. 

Mr.  Sands  submitted  the  following  amendment : 

Strike  out  “ten”  and  insert  “fifteen.” 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

Strike  out  “ten”  and  insert  “thirty.” 

The  question  being  on  the  amendment  submitted  by  Mr. 
Davis ; 

It  was  decided  in  the  negative. 

Mr.  Miller  submitted  the  following  amendment : 

Strike  out  “ten,”  and  insert  “twenty ;” 

Decided  in  the  negative. 

The  question  recurring  upon  the  amendment  submitted  by 
Mr.  Sands  ; 

It  was  decided  in  the  affirmative. 

The  order  as  amended,  was  then  adopted. 

Mr.  Chambers  moved  to  rescind  the  order  adopted  July 
2 1st,  by  which  the  Convention  determined  to  hold  evening 
sessions  ; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Hebb  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


357 


Messrs. 

Affirmative. 

Dennis, 

Larsh, 

Audoun, 

Duvall, 

•  Lee, 

Barron, 

Edelen, 

Mar  bury, 

Berry,  of  P.  Geo., 

Harwood, 

Mitchell, 

Blackiston, 

Hatch, 

Miller, 

Bond, 

Henkle,' 

Morgan, 

Briscoe, 

Ilodson, 

Parran, 

Brown, 

Hollyday, 

Peter, 

Chambers, 

Horsey, 

Smith,  of  Dor., 

Clarke, 

Johnson, 

Thomas, 

Crawford, 

Jones,  of  Cecil, 

Yalliant, 

Dail, 

Jones,  of  Som. 

Wilmer — 37. 

Davis,  of  Charles, 

Lansdale, 

* 

Messrs. 

Negative. 

Greene, 

• 

Ridgely, 

Goldsborough,  Pt. 

Hebb, 

Robinette, 

Abbott, 

Hopkins, 

Russell, 

Annan, 

Hopper, 

Keefer, 

Sands, 

Baker, 

Schley, 

Cunningham, 

Kennard, 

Smith,  of  Carroll, 

Cushing, 

King, 

Sneary, 

Daniel, 

Mullikin, 

Stirling, 

Davis,  of  Wash., 

Murray, 

Stockbridge, 

Dellinger, 

Negley, 

Swope, 

Earle, 

Nyman, 

Sykes, 

Ecker, 

Parker, 

Todd, 

Farrow, 

Galloway, 

Pugh, 

Wickard, 

Purnell, 

Wooden — 41. 

So  the  question 

upon  its  adoption 

was  decided  in  the 

negative. 

The  Report  of  the  Committee  on  the  Basis  of  Representa¬ 
tion, 

Was  then  taken  up, 

The  question  being  on  the  amendment  of  Mr.  Thomas,  to 
the  amendment  submitted  by  Mr.  Clarkej  to  wit : 

In  10th  line  of  amendment  insert  the  word  “white,”  before 
the  word  “population  ; 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 


358 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Galloway, 

Purnell, 

Goldsborough,  P’t 

Greene, 

Ridgely, 

Abbott, 

Hatch, 

Robinette, 

Annan, 

Hebb,  ’ 

Russell, 

Audoun, 

Hopkins, 

Sands, 

Baker, 

Hopper, 

Schley, 

Barron, 

Keefer, 

Smith,  of  Carroll, 

Cunningham, 

Kennard, 

Sneary, 

Cushing, 

King, 

Stirling, 

Daniel, 

Larsh, 

Sykes, 

Davis,  of  Wash., 

Mullikin, 

Thomas, 

Dellinger, 

Murray, 

Todd, 

Earle, 

Negley, 

Yalliant, 

Eeker, 

Parker, 

Wickard, 

Farrow, 

Pugh, 

Wooden — 44. 

Messrs. 

Negative. 

Dennis, 

Lansdale, 

Berry,  of  P.  G., 

Duvall, 

Lee, 

Blackiston, 

Edelen, 

Marbury, 

Bond, 

Harwood, 

Mitchell, 

Briscoe, 

Henkle, 

Miller, 

Brown, 

Holly  day, 

Morgan, 

Chambers, 

Horsey, 

Peter, 

Smith,  of  Dor. 

Clarke, 

Johnson,  . 

Crawford, 

Jones,  of  Cecil, 

Stockbridge, 

Dail, 

Jones,  of  Som., 

Wilmer — 30. 

Davis,  of  Charles, 
So  the  question 

upon  its  adoption 

was  decided  in  the 

affirmative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  as  submitted  by  Mr.  Clarke, 

Mr.  Blackiston  submitted  the  following  amendment: 

In  the  20tli  line,  after  the  word  “Kent,”  strike  out  “one” 
and  insert  “two.” 

Mr.  Hebb  demanded  the  previous  question. 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

Mr.  Jones,  of  Somerset  demanded  the  yeas  and  nays. 


359 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hatch, 

Ridgely, 

Goldsborough,  P’t 

Hebb, 

Robinette, 

Abbott, 

Hopkins, 

Russell. 

Annan, 

Hopper, 

Sands, 

Audoun, 

Jones,  of  Cecil, 

Schley, 

Baker, 

Keefer, 

Smith,  of  Carroll, 

Barron, 

Cunningham, 

Kennard, 

Sneary, 

King, 

Stirling, 

Cushing, 

Larsh, 

Stockbridge, 

Daniel, 

Mullikin, 

Swope, 

Sykes, 

Davis,  of  Wash., 

Murray, 

Dellinger, 

Negley, 

Thomas, 

Earle, 

Nyman, 

Todd, 

Ecker, 

Parker, 

Yalliant, 

Farrow, 

Pugh, 

Wickard 

Galloway, 

Greene, 

Purnell, 

Negative. 

Wooden — 48. 

Messrs. 

Dennis, 

Lansdale, 

Berry,  of  P.  G. 

Duvall, 

Lee, 

Blacki  ston, 

Edelen, 

Marbury, 

Bond, 

Harwood, 

Mitchell, 

Briscoe, 

Henkle, 

Miller, 

Brown, 

Hodson, 

Morgan, 

Chambers, 

Hollyday, 

Parran, 

Clarke, 

Horsey, 

Peter, 

Crawford, 

Johnson, 

Smith,  of  Dor., 
Wilmer — 30. 

Dail, 

Davis,  of  Charles, 

Jones,  of  Som., 

So  the  call  for  the  previous  question 

was  sustained. 

The  question  then  being  on  the  amendment  submitted  by 

Mr.  Blackiston, 

)]]  cC  '  iTORtfii 

Mr.  Blackiston  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays 

were  called,  and  , 

Affirmative. 

appeared  as  follows : 

Messrs. 

Dennis, 

Lansdale, 

Berry,  of  P.  Geo., 

Duvall, 

Larsh, 

Blackiston, 

Edelen, 

Lee, 

360 


Bond, 

Harwood, 

Marbury, 

Briscoe, 

Henkle, 

Mitchell, 

Brown, 

Hodson, 

Miller, 

Morgan, 

Chambers, 

Hollyday, 

Clarke, 

Horsey, 

Parran, 

Crawford, 

Johnson, 

Peter, 

Dail, 

Jones,  of  Cecil, 

Smith,  of  Dor., 

Davis,  of  Charles, 

Jones,  of  Som., 

Negative. 

Wilmer — 32. 

Messrs. 

Greene, 

Robinette, 

Goldsborough,  P’t 

Hatch, 

Russell, 

Abbott, 

Hebb, 

Sands, 

Annan, 

Hopkins, 

Schley, 

Audoun, 

Keefer, 

Smith,  of  Carroll, 

Baker, 

Kennard, 

Sneary, 

Barron, 

Ki^g, 

Stirling, 

Cunningham, 

Mullikin, 

Stockbridge, 

Cushing, 

Murrav, 

Swope, 

Daniel, 

Negley, 

Sykes, 

Thomas, 

Davis,  of  Wash., 

Nyman, 

Dellinger, 

Parker, 

Todd, 

Earle, 

Pugh, 

Yalliant, 

Ecker, 

Purnell, 

Ridgely, 

Wickard, 

Farrow, 

Galloway, 

Wooden — 45. 

So  the  question  upon  its  adoption 

was  decided  in  the 

negative. 

The  question  recurring  upon  the  amendment  submitted  by 
Mr.  Clarke,  to  wit: 

Sec.  3.  Strike  out  all  after  the  word  “the,”  in  1st  line,  and 
insert  the  words  : 

“Legislature,  at  its  first  session  after  the  adoption  of  this 
Constitution,  and  at  its  first  session  after  the  returns  of  each 
national  census  are  published  under  the  authority  of  Congress, 
shall  apportion  the  members  of  the  House  of  Delegates  among 
the  several  counties  of  the  State  and  the  citv  of  Baltimore, 
according  to  the  population  of  each,  provided  the  whole  num¬ 
ber  of  Delegates  shall  never  exceed  eighty-five  members,  and 
provided  that  each  county  and  said  city  shall  be  divided  into 
separate  election  districts  of  compact,  contiguous  territory, 
the  qualified  voters  in  each  of  whicn  districts  shall,  at  the 
time  and  in  the  manner  in  which  delegates  are  chosen,  elect 
one  delegate,  who  has  for  one  year  next  before  his  election 
been  a  resident  of  the  district  from  which  he  shall  be  elected. 


361 


The  apportionment  of  the  delegates  among  the  several  coun¬ 
ties  and  the  city  of  Baltimore  shall  remain  the  same  as  pro¬ 
vided  by  the  present  Constitution,  until  the  second  election 
held  for  members  of  the  House  of  Delegates  after  the  adop¬ 
tion  of  this  Constitution  ;  and  the  General  Assembly  shall 
hereafter  elect  United  States  Senators  and  all  officers  who  are 
elected  by  the  Legislature,  by  a  concurrent  vote  of  the  two 
Houses,  and  not  by  joint  ballot 


Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 


Messrs. 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 


Messrs. 

Goldsborougli,  P’t 
•  Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 

Berry,  of  P.  Geo., 

Cunningham, 

Cushing, 

Dail, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Dennis, 

Earle, 

Ecker, 

Farrow, 

Galloway, 

Greene, 


Affirmative. 

Crawford, 

Davis,  of  Charles, 
Duvall, 

Edelen, 

Harwood, 

Henkle, 

Hodson, 

Negative. 

Hatch, 

Hebb, 

Hopkins, 

Hopper, 

Horsey, 

Johnson, 

Jones,  of  Cecil, 
Jones,  of  Som. 
Keefer, 

Kennard, 

King, 

Larsh, 

Lee, 

Mullikin, 

Murray, 

Negley, 

Nyman, 

Parker, 

Peter, 


Hollyday, 

Lansdale, 

Marbury, 

Mitchell, 

Miller, 

Morgan, 

Wickard — 20. 


Pugh, 

Purnell, 

Ridgely, 

Robinette, 

Russell, 

Sands, 

Schley, 

Smith,  of  Carroll, 
Smith,  of  Dor. 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Valliant, 

Wilmer, 

Wooden — 57. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

46  ' 


362 


The  question  next  being  on  the  adoption  of  section  3rd,  as 
amended  by  Mr.  Schley, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  :• 

Affirmative. 


Messrs. 

Greene, 

Ridgely, 

Goldsborough,  P’t 

Hatch, 

Robinette, 

Abbott, 

Hebb, 

Russell, 

Annan, 

Audoun, 

Hopkins, 

Sands, 

Hopper, 

Schley, 

Baker, 

Jones,  of  Cecil, 

Smith,  of  Carroll, 

Barron, 

Keefer, 

Sneary, 

Cunningham, 

Kennard, 

Stirling, 

Cushing, 

King, 

Stockbridge, 

Daniel, 

Mullikin, 

•Swope, 

Davis,  of  Wash., 

Murray, 

-  Sykes, 

Thomas, 

Dellinger, 

Negley, 

Earle, 

Hyman, 

Todd, 

Ecker, 

Parker,  * 

Yalliant, 

Farrow, 

Pugh, 

Wickard, 

Galloway, 

Purnell, 

Wooden — 47. 

Negative. 

Messrs. 

Dennis, 

Larsh, 

Berry,  of  P.  Geo., 

Duvall, 

Lee, 

Blackiston, 

Edelen, 

Mar  bury, 

Bond, 

Henkle, 

Mitchell, 

Brown, 

Hodson, 

Miller, 

Chambers, 

Holly  day, 

Morgan, 

Clarke, 

Horsey, 

Parran, 

Crawford, 

Johnson, 

Peter, 

Dail, 

Jones,  of  Som. 

Smith,  of  Dor., 

Davis,  of  Charles. 

L  an  s  dale, 

Wilmer — 29. 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

The  Convention  then  returned  to  the  consideration  of  sec¬ 
tion  2nd  of  the  report. . 

Mr.  Schley -moved  to  fill  up  the  blank  in  said  section  with 
the  word  ‘Tour 

Mr.  Chambers  moved  to  fill  up  said  blank  with  the  word 
“six;” 

i 


363 


The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Chambers, 

Mr.  Chambers  demanded  the  yeas  and  nays. 

# 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Affirmative. 

Dennis, 

Jones  of  Somerset, 

Goldsborough,P’t 

Duvall, 

Miller, 

Berry,  of  P.  Geo., 

Farrow, 

Iienkle, 

Morgan, 

Blackiston, 

Parker, 

Briscoe, 

Holly  day, 

Parran, 

Peter — 17. 

Chambers, 

Horsey, 

# 

Negative. 

Messrs. 

Harwood, 

Purnell, 

Abbott, 

Hebb, 

Ridgely, 

Annan, 

Hodson, 

Robinette, 

Baker, 

Hopkins, 

Russell, 

Barron, 

Hopper, 

Schley, 

Bond, 

Johnson, 

Smith,  of  Carroll, 

Brown, 

Clarke, 

Jones,  of  Cecil, 

Smith,  of  Dor., 

Keefer, 

Sneary, 

Crawford, 

Kennard, 

Stirling, 

Cushing, 

King, 

Stockbridge, 

Dail, 

Lansdale, 

Swope, 

Daniel, 

Lee, 

Marbury, 

Sykes, 

Davis,  of  Charles, 

Thomas, 

Davis,  of  Wash., 

Mitchell, 

Todd, 

Earle, 

Mullikin, 

Yalliant, 

Ecker, 

Murray, 

Wickard, 

Edelen, 

Negley, 

Wilmer, 

Galloway, 

Nvman, 

Wooden — 55. 

Greene, 

Pugh, 

So  the  question  upon  its  adoption 

was  decided  in  the  - 

negative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Sec.  2.  Amend  by  striking  out  all  after  the  word  “respec¬ 
tively,”  in  line  4  ; 

Decided  in  the  negative. 

The  question  then  recurring  upon  the  amendment  submit¬ 
ted  by  Mr.  Schley  : 

It  was  decided  in  the  affirmative. 


364 


Mr.  Miller  submitted  the  following  amendment : 

Sec.  2.  Strike  out  in  1st  and  2nd  line  “each  district  of  the 
city  of  Baltimore  as  hereinbefore  provided  for,”  and  insert 
“and  the  city  of  Baltimore.” 

Mr.  Barron  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

Mr.  Davis,  of  Charles,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Greene, 

Pugh, 

Goldsborough,  P’t 

Hatch, 

Purnell, 

Abbott, 

Iiebb, 

Robinette, 

Annan, 

Hopkins, 

Russell, 

Audoun, 

Hopper, 

Schley, 

Baker, 

Jones,  of  Cecil, 

Smith,  of  Carroll, 

Barron, 

Keefer, 

Sneary, 

Cunningham, 

King, 

Stirling, 

Cushing, 

Mullikin, 

Swope, 

Sykes, 

Daniel, 

Murray, 

Davis,  of  Wash., 

Negley, 

Thomas, 

Earle, 

Nyman, 

Parker, 

Negative. 

Wickard, 

Ecker, 

Galloway, 

Wooden — 39. 

Messrs. 

.  Duvall, 

Edelen, 

v  Marbury, 

Blackiston, 

Mitchell, 

Bond, 

Henkle, 

Miller, 

Briscoe, 

Hollyday, 

Morgan, 

Brown, 

Horsey, 

Parran, 

Chambers, 

Johnson, 

Peter, 

Clarke, 

Jones,  of  Som. 

Smith,  of  Dor., 

Dail, 

Lansdale, 

Stockbridge, 

Davis,  of  Charles, 
Dennis, 

Lee, 

Wilmer — 27. 

So  the  call  for  the  previous  question 

was  sustained  : 

j 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Miller  ; 

V  J  • 


Mr.  Miller  demanded  the  yeas  and  nays, 


365 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Affirmative. 

Dennis, 

Lee, 

Belt, 

Duvall, 

Marhury, 

Berr)r,  of  P.  Geo. 

Edelen, 

Mitchell, 

Blackiston, 

Harwood, 

Miller, 

Bond, 

Henkle, 

Morgan, 

Briscoe, 

Hollyday, 

Parra  n, 

Brown, 

Horsey, 

Peter, 

Chambers, 

Johnson, 

Smith,  of  Dor., 

Clarke, 

Jones,  of  Som. 

Wilmer — 28. 

Davis,  of  Charles, 

Lansdale, 

Messrs. 

Negative. 

Galloway, 

Pugh, 

Goldsborough,  P’t 

Greene, 

Purnell, 

Abbott, 

Hatch, 

Bidgely, 

Annan, 

Audoun , 

Hebb, 

Robinette, 

Hopkins, 

Russell, 

Baker, 

Hopper, 

Schley, 

Barron, 

Jones,  of  Cecil, 

Smith,  of  Carroll, 

Cunningham, 

Keefer, 

Sneary, 

Cushing, 

Kennard, 

Stirling, 

Dail, 

King, 

Stockbridge, 

Daniel, 

Mullikin, , 

Swope, 

Davis,  of  Wash., 

Murray, 

Sykes, 

Dellinger, 

Negley, 

Thomas, 

Earle, 

Ecker, 

Nyman, 

Wickard, 

Parker, 

Wooden — 45. 

The  question  upon  its  adoption  was 

decided  in  the  lie- 

gative. 

The  question  next 

being  on  the  adoption  of  section  2d  as 

amended, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 

nays, 

The  demand  being 

sustained, 

i 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Messrs. 

Affirmative. 

Greene, 

Purnell, 

Goldsborough,  P’t 

Hatch, 

Ridgely, 

Abbott, 

Hebb, 

Robinette, 

366 


Annan, 

Hopkins, 

Russell, 

Audoun, 

Hopper, 

Schley, 

Baker, 

Jones,  of  Cecil, 

Smith,  of  Carroll, 

,  Barron, 

Keefer, 

Sneary, 

Gunningliam, 

Kennard, 

Stirling, 

Cashing, 

King, 

Stockbridge, 

Bail, 

Mullikin, 

Swope, 

Daniel, 

Murray, 

Sykes, 

Davis,  of  Wash., 

Negley, 

Thomas, 

Dellinger, 

Hyman, 

Todd, 

Earle, 

Parker, 

W  ickard , 

Ecker, 

Pugh, 

W  ooden — 45 . 

Galloway, 

Negative. 

Messrs. 

Dennis, 

Lee, 

Belt, 

Duvall, 

Marbury, 

Berry,  of  P.  Geo. 

Edelen, 

Harwood, 

Mitchell, 

Blackiston, 

Miller, 

Bond, 

Henkle, 

Morgan, 

Briscoe, 

Hollyday, 

Parran, 

Brown, 

Horsey, 

Peter, 

Chambers, 

Johnson, 

Smith,  of  Dor., 

Clarke, 

Jones,  of  Som., 

Wilmer — 28. 

Davis,  of  Charles, 

Lansdale, 

So  the  question  upon  its  adoption 

was  decided  in  the 

affirmative. 

« 

The  question  then  being, 

“Shall  this  report  be  engrossed  for  a 

third  reading,” 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 

nays. 

The  demand  being 

sustained, 

The  yeas  and  nays 

were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs. 

Greene, 

Ridgely, 

Goldsborougli,  P’t 

Hatch, 

Robinette, 

Abbott, 

Hebb, 

Russell, 

Annan, 

Hopkins, 

Schley, 

Audoun, 

Hopper, 

Smith,  of  Carroll, 

Baker, 

Jones,  of  Cecil, 

Sneary, 

Barron, 

Keefer, 

Kennard, 

Stirling, 

Cunningham, 

Stockbridge, 

Cushing, 

Km  °* 

Swope, 

367 


Dail, 

Mullikin, 

Sykes, 

Thomas, 

Daniel, 

Murray, 

Davis,  of  Wash., 

Negley, 

Todd, 

Dellinger, 

Nyman, 

Yalliant, 

Earle, 

Parker, 

Wickard, 

Ecker, 

Galloway, 

Pugh, 

Purnell, 

Negative. 

Wooden — 46. 

essrs. 

Dennis, 

Lee, 

Belt, 

Duvall, 

Marbury, 

Berry,  of  P.  Geo. 

Edelen, 

Mitchell, 

Blackiston, 

Harwood, 

Miller, 

Bond, 

Ilenkle, 

Morgan, 

Briscoe, 

Hollyday, 

Parran, 

Brown, 

Horsey, 

Peter, 

Chambers, 

Johnson, 

Smith,  of  Dor. 

Clarke, 

Davis,  of  Charles, 

Jones,  of  Som., 
Lansdaie, 

Wilmer — 28. 

So  the  report  was  ordered  to  he  engrossed  for  a  third  read¬ 
ing. 

Mr.  Hopkins  was  excused  from  attending  the  sessions  of 
the  Convention  for  a  few  days  on  account  of  sickness  in  his 
family. 

Messrs.  Clarke,  Jones,  of  Somerset,  Russell,  Ridgely,  Davis, 
of  Charles, ’Duvall,  Edelen  and  Mitchell,  were  also  excused 
from  attending  the  sessions  of  this  Convention  for  a  few  days., 

Mr.  Thomas  moved  that  when  the  Convention  adjourns 
to-day,  it  stands  adjourned  until  Monday  next,  at  12  o’clock. 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Daniel  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


3ssrs. 

Edelen, 

Larsh, 

Goldsborough,  P’t 

Galloway, 

Lee, 

Audoun, 

Harwood, 

Marbury, 

Barron, 

Hatch, 

Mitchell, 

Belt, 

Henkle, 

Miller, 

Berry,  of  P.  Geo. 

Hollyday, 

Morgan, 

Blackiston, 

Hopkins, 

Parran, 

Bond, 

Horsey, 

Peter, 

368 


Briscoe, 

Johnson, 

Ridgely, 

Chambers, 

Jones,  of  Cecil, 

Robinette, 

Clarke, 

Jones,  ofSom., 

Russell, 

Dail, 

Kennard, 

Smith,  of  Dor. 

Davis,  of  Charles, 

King, 

Thomas, 

Dennis, 

Duvall, 

Lansdale, 

Negative. 

Wilmer — 42. 

essrs. 

Earrow. 

Sands, 

Abbott, 

Greene, 

Schley, 

Annan, 

Hebb, 

Smith,  of  Carroll, 

Baker, 

Hopper, 

Keefer, 

Sneary, 

Brown, 

Stirling, 

Cunningham, 

Mullikin, 

Stockb  ridge, 

Cushing, 

Murray, 

Swope, 

Daniel, 

Negley, 

Sykes, 

Davis,  of  Wash., 

Nyman, 

Yalliant, 

Delliuger, 

Parker, 

Wickard, 

Earle, 

Pugh, 

Wooden — 34. 

Ecker, 

Purnell, 

So  the  question  upon  its  adoption  was  decided  in  the  affirma¬ 
tive. 

Mr.  Negley,  from  the  majority  of  the  Select  Committee  on 
the  39th  section  of  the  Report  of  the  Committee  on  the  Le¬ 
gislative  Department,  and  amendments  theretp,  submitted 
the  following 

REPORT : 

The  undersigned  members  of  the  Special  Committe,  to 
whom  was  referred  the  39th  section  in  the  Report  of  the 
Committee  on  the  Legislative  Department,  and  the  proposed 
amendments  thereto,  beg  leave  to  submit  the  following  Ma¬ 
jority  Report,  recommending  the  following  as  section  39,  in 
the  aforesaid  Report : 

Sec.  39.  The  Governor,  Comptroller,  and  Treasurer,  of  the 
State,  are  hereby  authorized,  conjointly,  or  any  two  of  them, 
to  exchange  the  State’s  interest  in  the  Baltimore  and  Ohio 
Rail  Road  Company,  for  an  equal  amount  of  the  bonds  or 
registered  debt  now  owing  by  the  State,  and  subject  to  such 
regulations  and  conditions  as  the  General  Assembly  may 
from  time  to  time  prescribe,  to  sell  the  State’s  interest  in 
the  other  works  of  internal  improvement,  whether  as  a 
stockholder  or  a  creditor,  also  the  State’s  interest  in  any 
Banking  Corporation,  and  receive  in  payment  the  bonds  and 
registered  debt,  now  owing  by  the  State,  equal  in  amount  to 


369 


the  price  obtained  for  the  State’s  said  interest ;  Provided,  that 
the  interest  of  the  State  in  the  Washington  Branch  of  the 
Baltimore  and  Ohio  Bail  Road  he  reserved  and  excepted 
from  sale  ;  and  that  at  the  election  to  he  held  for  the  adop¬ 
tion  or  rejection  of  this  Constitution,  the  sense  of  the  people 
shall  he  taken,  for  or  against  the  selling  of  the  State’s  inter¬ 
est-  in  all  the  works  of  Internal  Improvement  or  other  corpo¬ 
rations. 

All  of  which  is  respectfully  submitted, 

Peter  Negley, 

Daniel  Clarke, 

Jos.  H.  Audoun, 

Isaac  D.  Jones, 

C.  S.  Parran. 

Mr.  Stirling,  from  a  minority  of  said  Committee,  submit¬ 
ted  the  following 

REPORT : 

The  undersigned  a  minorty  of  the  Special  Committee  to 
which  was  referred  the  39th  section  of  the  Report  of  the 
Committee  on  the  Legislative  Department,  are  not  able  to 
concur  in  the  Report  of  the  Majority  for  the  reason,  that 
after  full  investigation  of  the  subject  and  consideration  of  the 
wide  difference  of  opinion  which  exists  in  the  Convention, 
they  think  it  inexpedient  to  make  any  provision  in  the  Con¬ 
stitution  for  the  sale  of  the  Public  Works. 

It  is  not  the  duty  of  the  Convention  to  act  on  the  subject  as  it 
is  not  necessarily  or  primarily  a  Constitutional  subject,  though 
under  some  circumstances  it  might  have  been  expedient  so  to 
do. 

The  undersigned  are  satisfied  that  any  action  the  Conven¬ 
tion  may  take  will  dissatisfy  a  large  part  of  the  people,  and 
they  deem  it  wise  to  avoid  all  matters  that  may  tend  to  pro¬ 
duce  side  issues  on  the  adoption  of  the  Constitution  by  the 
people. 

The  undersigned  doubt  whether  any  plan  from  this  Com¬ 
mittee  can  command  a  majority  of  the  Convention,  and  the 
time  of  the  Convention  will  be  taken  up  by  mere  amend¬ 
ments  and  more  debate,  they  therefore  recommend  that  the 
39th  Article  be  stricken  out,  and  no  Article  be  substituted  in 
its  place. 

A.  Stirling,  Jr., 

Jos.  B.  Pugh, 

Frederick  Schley, 

Wm.  T.  Purnell. 


47 


370 


On  motion  of  Mr.  Ridgely, 

The  said  Reports  were  made  the  Order  of  the  Day  for 
Wednesday  next  at  12  o’clock. 

Mr.  Thomas  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment  to  section  39  of  the  report 
of  the  Committee  on  the  Legislative  Department : 

“Sec.  39.  The  Legislature  shall  at  its  first  session  after  the 
adoption  of  this  Constitution,  make  a  provision  to  submit  to 
the  people,  at  the  first  general  election  thereafter,  the  ques¬ 
tion  of  the  sale  of  the  State’s  interest  in  the  works  of  Internal 
Improvement,  and  in  the  several  hanking  corporations  of  the 
State;  and  in  case  the  people  vote  in  favor  of  such  sale,  the 
Legislature  shall  at  its  first  session  after  said  election  pass  a 
law  to  empower  the  Governor,  Comptroller  of  the  Treasury 
and  Treasurer  conjointly  to  make  such  sale,  provided  no  such 
sale  shall  be  made  except  upon  the  terms  of  an  equal  exchange 
of  State  stock,  or  bonds,  or  registered  debt  now  owing  by  the 
State,  for  an  equal  amount  of  the  State’s  interest  in  said 
works,  or  hanking  stock;  and  provided  the  State’s  interest  in 
the  Washington  Branch,  and  of  the  Main  Stem  of  the  Baltimore 
and  Ohio  Bail  Road  shall  be  excepted  from  said  sale;  and  that 
the  Chesapeake  and  Ohio  Canal  shall  not  he  sold  to  any  in¬ 
corporated  company.” 

Mr.  Duvall  gave  notice  that  at  the  proper  time  he  would 
offer  an  amendment  that  the  Legislature  should  ratify  any 
sale  that  may  he  made 

On  motion  of  Mr.  Pugh, 

The  Convention  adjourned  until  Monday  next,  12  o’clock. 


MONDAY,  August  1st,  1864. 

The  Convention  met  at  12  o’clock,  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following  : 

Messrs.  Goldsborough,  (President,)  Barron,  Belt,  Berry,  of 
Baltimore  county,  Berry,  of  Prince  George’s,  Billingsley, 


371 


Blackiston,  Bond,  Briscoe,  Brooks,  Clarke,  Crawford,  Cun¬ 
ningham,  Dail,  Davis,  of  Charles,  Dennis,  Dent,  Earle, 
Ecker,  Edelen,  Gale,  Galloway,  Harwood,  Hatch,  Henkle, 
Hoffman,  Hollyday,  Hopper,  Jones,  of  Cecil,  Jones,  of 
Somerset,  Keefer,  King,  Lansdale,  Larsh,  Marbury,  Markev, 
Mayhugh,  McComas,  Mitchell,  Morgan,  Noble,  Peter,  Pugh, 
Ridgely,  Russell,  Sands,  Schley,  Schlosser,  Scott,  Smith,  of 
Carroll,  Smith,  of  Dorchester,  Smith,  of  Worcester,  Sykes, 
Thomas,  Thruston,  Todd,  Wooden — 57. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Dellinger, 

The  Convention  adjourned  until  to-morrow  morning  at  10 
o’clock. 


TUESDAY,  August  2nd,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  Rev.  Mr.  Davenport. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Belt,  Berry,  of  Baltimore  county,  Berry, 
of  Prince  George’s,  Billingsley,  Brooks,  Chambers,  Clarke, 
Crawford,  Dail,  Davis,  of  Charles,  Dent,  Edelen,  Galloway, 
Henkle,  Hodson,  Hoffman,  Hollyday,  Jones,  of  Somerset, 
Mace,  Mayhugh,  Mitchell,  Noble,  Nyman,  Ridgely,  Schlosser, 
Scott,  Smith,  off  Dorchester,  Thomas,  Thruston,  Todd — 31. 

The  proceedings  of  Friday  last,  and  yesterda}^,  were  read 
and  approved. 

On  motion  of  Mr.  Sykes, 

• 

It  was  ordered  to  be  entered  upon  the  Journal,  that  Messrs. 

Sykes  and  Sands,  of  Howard,  would  have  been  in  their  places 

at  roll  call  yesterday,  but  for  accidental  delay  of  the  train 

aboard  which  thev  were. 

•/ 

On  motion  of  Mr.  Audoun, 

It  was  ordered  to  be  entered  on  the  Journal,  that  Mr. 


372 


Thomas,  of  Baltimore  city,  is  detained  from  his  seat  by  sick¬ 
ness. 

Mr.  Cushing,  from  the  Committee  on  Education,  submitted 
the  following 

REPORT: 

The  Committee  on  Education  and  the  Encouragement  of 
Literature,  beg  leave  to  submit  the  lollowing  report: 

Article  10. 

E  DUCATION  . 

Section  1.  The  Governor  shall,  by  and  with  the  advice  and 
consent  of  the  Senate,  appoint,  within  ten  days  after  the  rati¬ 
fication  by  the  people  of  this  Constitution,  a  State  Superin- 
tendant  of  Public  Instruction,  who  shall  hold  his  office  for 
four  years,  receive  an  annual  salary  of  three  thousand  dollars, 
exclusive  of  office  and  travelling  expenses,  report  to  the 
General  Assembly  within  thirty  days  after  the  commencement 
of  its  first  session  under  this  Constitution,  a  uniform  system 
of  free  public  school  education,  and  perform  such  other  duties 
pertaining  to  his  office  as  may  from  time  to  time  be  prescribed 
by  law. 

Sec.  2.  There  shall  be  an  Assistant  Superintendant  of  Pub¬ 
lic  Instruction  in  each  county  and  the  city  of  Baltimore,  who 
shall  be  appointed  by  the  State  Superintendant  of  Public  In¬ 
struction,  shall  hold  office  for  four  vears,  receive  such  com- 
pensation  and  perform  such  duties  as  the  General  Assembly 
may  prescribe. 

Sec.  3.  There  shall  be  a  State  Board  of  Education,  consist¬ 
ing  of  the  Governor  of  the  State,  the  Lieutenant  Governor, 
the  President  of  the  Senate,  the  Speaker  of  the  House  of  Re¬ 
presentatives,  and  the  State  Superintendant  of  Public  Instruc¬ 
tion,  which  Board  shall  perform  such  duties  as  the  General 
Assembly  may  direct. 

Sec.  4.  There  shall  be  in  each  county  five  School  Commis¬ 
sioners,  who  shall  be  appointed  by  the  State  Board  of  Educa¬ 
tion,  shall  hold  office  for  four  years,  and  shall  perform  such 
duties  as  the  General  Assembly  may  direct ;  the  School  Com¬ 
missioners  of  Baltimore  city  shall  remain  as  at  present  consti¬ 
tuted,  and  be  appointed  as  at  present,  by  the  Mayor  and  City 
Council. 

Sec.  5.  The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  Constitution,  shall  provide  a  uniform  system 
of  free  public  schools,  by  which  a  school  shall  be  kept  open 


373 


and  supported  free  of  expense  for  tuition  in  each  School  Dis¬ 
trict,  for  at  least  six  months  in  each  year  ;  and  in  case  of  a 
failure  on  the  part  of  the  General  Assembly  so  to  provide,  the 
system  reported  to  it  by  the  State  Superintendant  of  Public 
Instruction  shall  become  a  law,  and  have  full  effect  as  if  enac¬ 
ted  by  the  General  Assembly;  provided,  that  the  report  of  the 
State  Superintendant  shall  be  in  conformity  with  the  provi¬ 
sions  of  this  Constitution. 

Sec.  6.  The  General  Assembly  shall  levy  at  its  first  session 
after  the  adoption  of  this  Constitution,  an  annual  tax  of  not 
less  than  ten  cents  on  each  one  hundred  dollars  of  taxable 
property  throughout  the  State  for  the  support  of  the  free  pub¬ 
lic  schools,  which  tax  shall  be  collected  at  the  same  ti-me,  and 
by  the  same  agents  as  the  general  State  levy;  and  shall  he 
paid  into  the  Treasury  of  the  State,  and  shall  be  distributed 
under  such  regulations  as  may  he  prescribed  by  law,  among 
the  Counties  and  the  city  of  Baltimore,  in  proportion  to  their 
respective  population  between  the  ages  of  five  and  twenty 
years;  Provided,  that  the  General  Assembly  shall  not  levy 
any  additional  school  tax  upon  particular  counties,  unless  such 
county  express  by  popular  vote  its  desire  for  such  tax  ;  the 
city  of  Baltimore  shall  provide  for  its  school  tax  as  at  present. 

Sec  7.  The  General  Assembly  shall  further  provide  by  law 
at  its  first  session  after  the  adoption  of  this  Constitution,  a 
fund  for  the  support  of  the  free  common  schools  of  the  State, 
by  the  imposition  of  an  annual  tax  of  a  not  less  annual 
amount  than  three  hundred  thousand  dollars,  the  proceeds 
of  which  tax  shall  be  known  as  the  school  fund,  and  shall  be 
invested  by  the  Treasurer,  together  with  its  annual  interest, 
until  such  time  as  said  fund  shall,  by  its  own  increase  and 
any  additions  which  may  be  made  to  it  from  time  to  time, 
together  with  the  present  school  fund,  amount  to  six  millions 
of  dollars,  after  which  time  the  principal  shall  remain  for¬ 
ever  inviolate,  and  shall  only  be  further  increased  by  such 
means  as  the  Legislature  may  determine  ;  and  the  annual  in¬ 
terest  of  said  school  fund  shall  be  disbursed  for  educational 
purposes  only,  as  may  be  prescribed  by  law. 

J.  M.  Cushing,  Chairman, 

B.  A.  Cunningham, 

T.  P.  Jones, 

A.  C.  Greene, 

J.  L.  Bidgely, 

E.  J.  Henkle, 

T.  J.  Hodson. 

Which  was  read  the  first  time. 


374 


Mr.  Hebb  from  the  Committee  on  the  rights,  duties,  divi¬ 
sions  and  sub-divisions  of  Counties,  submitted  the  follow¬ 
ing 

EEPOET : 

The  Committee  on  the  rights,  duties,  divisions  and  sub¬ 
divisions  of  Counties,  respectfully  submit  the  following  Ee- 
port,  to  be  embodied  in  a  separate  Article  in  the  Constitu¬ 
tion  : 

AETICLE  — . 

*  Counties  and  Townships. 

Sect.  1.  The  General  Assembly  shall  provide  for  organiz¬ 
ing  new  counties,  locating  and  removing  county  seats,  and 
changing  county  lines,  but  no  new  county  shall  be  organ¬ 
ized  without  the  consent  of  a  majority  of  the  legal  voters 
residing  within  the  limits  about  to  form  said  county,  nor 
shall  any  new  county  contain  less  than  four  hundred  square 
miles,  nor  less  than  ten  thousand  white  inhabitants,  nor  shall 
any  county  be  reduced  below  that  amount  of  square  miles, 
nor  below  that  number  of  white  inhabitants. 

Sect.  2.  The  General  Assembly  may,  provide  by  general 
law  for  dividing  the  counties  into  towns  or  permanent  muni¬ 
cipal  corporations  in  place  of  the  existing  election  districts, 
prescribing  their  limits,  and  confiding  to  them  all  powers 
necessary  for  the  management  of  their  public  local  concerns, 
and  whenever  the  organization  of  these  township  corpora¬ 
tions  shall  be  perfected  all  officers  provided  for  in  this  Con¬ 
stitution,  but  whose  official  functions  shall  have  been  super¬ 
seded  by  such  organizations,  shall  be  dispensed  with,  and  the  . 
affairs  of  such  townss,  and  of  the  counties  as  affected  by  the 
action  of  such  town,  shall  be  transacted  in  such  manner  as 
the  General  Assembly  shall  direct. 

Hopewell  Hebb, 

Jno.  Swope, 

Jasper  Eobinette, 

James  Sykes, 

J.  H.  Carter. 


Which  was  read  the  first  time. 

On  motion  of  Mr.  Stockbridge, 

The  Eeport  of  the  Committee  on  Future  Amendments  to 
the  Constitution, 

Was  taken  up. 


375 


Mr.  Miller  submitted  the  following  amendment : 

Section  2,  first  line,  strike  out  the  words  “two-thirds,” 
and  insert  the  words  “three-fiftlis 

Decided  in  the  negative. 

Mr.  Chambers  submitted  the  following  amendment : 

Add  to  section  2,  the  following  words  :  “and  no  restriction 
shall  be  imposed  by  the  Legislature  as  to  the  qualification  of 
the  persons  to  be  chosen  as  delegates  to  such  Convention,” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Peter  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Harwood, 

Morgan, 

Blackiston, 

Johnson, 

Parran, 

Bond, 

Lansdale, 

Peter, 

Briscoe, 

Marbury, 

Turner, 

Chambers, 

Gale, 

Miller, 

Negative. 

Wilmer — 15. 

Messrs. 

Greene, 

Parker, 

Goldsborough,  P’t 

Hatch, 

Pugh, 

Abbott, 

Hebb, 

Purnell, 

Annan, 

Hopkins, 

Kobinette, 

Audoun, 

Hopper,  . 

Horsey, 

Russell, 

Baker, 

Sands, 

Brown, 

Jones,  of  Cecil, 

Schley,* 

Carter, 

Keefer, 

Smith,  of  Carroll, 

Cunningham, 

Kennard, 

Smith,  of  Wor., 

Cushing, 

Kino* 

Sneary, 

Daniel, 

Larsh, 

Stirling, 

Davis,  of  Wash., 

Lee, 

Stockbridge, 

Dellinger, 

Markey, 

Swope, 

Dennis, 

McComas, 

Sykes, 

Earle, 

Mullikin, 

Yalliant, 

Ecker, 

Murray, 

Wickard, 

Farrow, 

Negley, 

Wooden — 50. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


376 


Mr.  Daniel  submitted  the  following  amendment : 

Section  2,  line  10,  after  tlie  first  word  “shall”  insert  the 
words  “have  the  same  qualifications  and,” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Blackiston  demanded  the  yeas  and  nays ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Affirmative. 

Hebb, 

Mullikin, 

Blackiston, 

Hopkins, 

Parker, 

Briscoe, 

Johnson, 

Parran, 

Brown, 

Chambers, 

Kin  o- 

Peter, 

Lee, 

Kobinette, 

Daniel, 

Marbury, 

Turner, 

Gale, 

Miller, 

Yalliant, 

Greene, 

Morgan, 

Wilmer  —23. 

Messrs. 

Negative. 

Farrow, 

Pugh, 

Goldsborough,  Pt. 

Harwood, 

Purnell. 

Abbott, 

Hatch , 

Russell, 

Annan, 

Hopper, 

Horsey, 

Sands, 

Audoun, 

Schley, 

Baker, 

Jones,  of  Cecil, 

Smith,  of  Carroll, 

Bond, 

Keefer, 

Smith,  of  Wor., 

Carter, 

Kennard, 

Sneary, 

Cunningham, 

Lansdale, 

Stirling, 

Cushing, 

Larsh, 

Stockbridge, 

Davis,  of  Wash., 

Markey, 

Swope, 

Dellinger, 

McComas, 

Sykes, 

Dennis, 

Murray, 

Wickard, 

Earle, 

TP  nlrAV 

Neglev, 

Wooden — 43. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Chambers  submitted  the  following  amendment : 

Sec.  3,  line — ,  strikeout  the  word  “eighty”  and  insert  the 
word  “seventy,” 

Decided  in  the  negative. 

Mr.  Chambers  submitted  the  following  amendment : 


377 


Sec.  3,  line  2,  strike  out  the  word  “twentieth”  and  insert 
the  word  “tenth,” 

Decided  in  the  negative. 

The  report  was  then  read  the  second  time  and  ordered  to  he 
engrossed  for  a  third  reading. 

•I  •  ’  •  _i  '  i » 

On  motiop.  of  Mr.  Cushing, 

The  rules  were  suspended. 

The  report  read  the  third  time,  and  rejected  for  want  of  a 
Constitutional  majority,  by  yeas  and  nays  as  follows: 


Affirmative. 


Messrs. 

Greene, 

Pugh, 

Goldshorough,  P’t 

Hatch, 

Purnell, 

Abbott, 

Hebb, 

Robinette, 

Annan, 

Audoun, 

Hopkins, 

Russell, 

Hopper, 

Sands, 

Baker, 

Bond, 

Jones,  of  Cecil, 

Schley, 

Keefer, 

Smith  of  Car. 

Carter, 

Kennard, 

Smith,  of  Wor., 

Cunningham, 

King, 

Sneary, 

Cushing, 

Larsh, 

Stirling, 

Daniel, 

Markey, 

Stockbridge, 

Davis,  of  Wash., 

McComas, 

Swope, 

Dellinger, 

Mullikin, 

Sykes, 

Earle, 

Murray, 

Valliant, 

Ecker, 

Kegiey, 

Wickard, 

Farrow, 

Parker, 

HEGATfVE. 

Wooden — 46. 

Messrs. 

Harwood, 

Miller, 

Blackiston, 

Horsey, 

Morgan, 

Briscoe, 

Johnson, 

Parran, 

Brown, 

Chambers, 

Lansdale, 

Peter, 

Lee, 

Turner, 

Dennis, 

Gale, 

Marbury, 

Wilmer — 18. 

On  motion  of  Mr.  Hebb, 


The  vote  last  taken  was  reconsidered. 

The  question  again  recurring  upon  the  adoption  of  the  re¬ 
port, 

On  motion  of  Mr.  Miller, 

The  further  consideration  of  it  was  informally  passed 
over. 


48 


378 


Mr.  Hebb  gave  notice  that  be  would  on  to-morrow  move  to 
amend  Rule  44,  of  the  Rules  of  the  Convention,  by  striking 
out  the  word  “elected”  in  the  6th  line,  and  inserting  the 
word  “present,” 

On  motion  of  Mr.  Stockbridge, 

The  report  of  the  Committee  to  consider  and  report  respect¬ 
ing  the  appointment,  tenure  of  office,  duties  and  compensation 
of  all  civil  officers  not  embraced  in  the  duties  of  other  Stand¬ 
ing  Committees, 

Was  taken  up. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Sec.  1.  Amend  by  striking  out  from  “stockholder”  in  9th 
line,  to  “use”  in  line  11,  and  insert:  “said  Board  of  Public 
Works  shall  require  the  Directors  of  all  said  Public  Works, 
from  time  to  time,  and  as  often  as  there  shall  be  any  change 
in  the  rates  of  toll  on  any  of  said  Works,  to  furnish  to  said 
Board  a  schedule  of  such  modified  rates  of  toll  and  shall,” 

Decided  in  the  affirmative. 

Mr.  Purnell  submitted  the  following  amendment : 

Section  1,  line  2,  after  the  word  “who,”  insert  the  words 
“or  a  majority  of  them  ;” 

Decided  in  the  negative. 

Mr.  Hebb  submitted  the  following  amendment: 

Section  1,  after  the  word  ^‘law,”  in  the  26th  line,  insert 
the  words  “and  a  majority  of  them  shall  be  competent  to 
act ;” 

Decided  in  the  affirmative. 

Mr.  Bond  submitted  the  following  amendment : 

Section  1,  line  25,  after  the  word  “as,”  insert  the  words 
“have  been  used  and  practised  by  the  existing  board  ;” 

Decided  in  the  negative. 

Mr.  Parran  submitted  the  following  amendment : 

Section  1,  line  26,  strike  out  the  word  “hereafter  ;” 

Decided  in  the  negative. 

Mr.  Schley  submitted  the  following  amendment : 

Amend  by  striking  out  the  word  Legislature  wherever  it 


j 


379  • 

occurs,  and  insert  the  words  “General  Assembly/ ’  in  its 
stead  ; 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment : 

Section  1,  line  1,  after  the  word  “Governor/’  insert  the 
words  “Lieutenant  Governor 

Decided  in  the  negative. 

Mr.  Stirling  submitted  the  following  amendment : 

Section  1,  line  2,  after  the  word  “Treasurer/’  insert  the 
words  “Commissioner  of  the  Land  Office  . 

Decided  in  the  negative. 

Mr.  Bond  submitted  the  following  amendment : 

Section  1,  line  6,  strike  out  the  word  “has,”  and  insert  the 
words  “"may  have 

Decided  in  the  negative. 

Mr.  Sykes  submitted  the  following  amendment ; 

Section  1,  lines  17  and  18,  strike  out  the  word  “Monday,” 
and  insert  the  word  “Wednesday  /’ 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Sec.  2.  Amend  by  striking  out  from  “on,”  in  line  2,  to 
“who,”  in  line  3,  and  insert  “Tuesday  next  after  the  first 
Monday  in  the  month  of  November,  in  the  year  eighteen 
hundred  and  sixty-nine 

Decided  in  the  affirmative. 

Mr.  Morgan  submitted  the  following  amendment: 

Section  2.  Amend  by  striking  out  the  word  “eighteen,”  in 
the  12th  line  and  insert  “fifteen 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Morgan  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


•  380 


Messrs. 

Affirmative. 

Gale, 

Parker, 

Annan, 

Horsey, 

Parran, 

Turner, 

Bond, 

Johnson, 

Briscoe, 

Lee, 

Wickard, 

Brown, 

Marbury, 

Wilmer— 16. 

Dennis, 

Morgan, 

< 

Negative. 

Messrs. 

Goldsborough,  P’t 
Abbott, 

Audoun, 

Baker, 

Blackiston, 

Carter, 

Chambers, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 


Greene, 

Harwood, 

Hebb, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

King, 

Lansdale, 

Markey, 

McComas, 

Miller, 

Mullikin, 

Murray, 

Negley, 


Peter, 

Pugh, 

Purnell, 

Kobinette, 

Russell, 

Sands, 

Schley, 

Smith,  of  Carroll 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Yalliant, 

Wooden — 47. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  King  submitted  the  following  amendment : 

Sec.  2,  line  10,  strike  out  the  word  “now  ;” 

Decided  in  the  negative. 

Mr.  Hebb  submitted  the  following  amendment : 

Section  2,  line  3,  after  the  words  “sixty-nine,”  insert  the 
words  “and  on  the  same  day  in  every  sixth  year  there¬ 
after  ;” 

Decided  in  the  affirmative. 

Mr.  Daniel  submitted  the  following  amendment : 

Section  2,  line  11,  after  the  word  “office,”  insert  the 
words  “or  such  as  may  hereafter  be  prescribed  by  law  ;” 

Decided  in  the  affirmative. 

Mr.  Briscoe  submitted  the  following  amendment : 


i 


381 


Strike  out  section  2  of  the  Report ; 

Decided  in  the  negative. 

Mr.  Daniel  submitted  the  following  amendment : 

Section  2.  Insert  after  the  word  “office,”  in  the  16th  line, 
“both  as  Commissioner  of  the  Land  Office  and  Keeper  of  the 
Chancery  Records  ;” 

Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Briscoe, 

On  motion  of  Mr.  Chambers, 

The  further  consideration  of  the  section  was  informally 
passed  over. 

Mr.  Audonn  submitted  the  following  amendment : 

Section  3.  Strike  out  all  after  the  word  “he,”  in  line  one, 
as  far  as  “his,”  in  line  three,  and  insert  the  words  “appoint¬ 
ed  by  the  Judges  of  the  Court  of  Appeals  for  four  years,  and 
shall  be  eligible  to  re-appointment ;” 

Mr.  Miller  moved  to  amend  the  amendment  by  striking  out 
the  words  “Judges  of  the  Court  of  Appeals,”  and  insert  the 
word  “Governor  ;” 

Decided  in  the  negative. 

The  question  recurring  upon  the  amendment  submitted 
by  Mr.  Audoun, 

It  was  decided  in  the  negative. 

Mr.  Peter  submitted  the  following  amendment ; 

Section  3.  Strike  out  all  after  the  word  “the,”  in  the  first 
line,  and  insert  the  words  : 

“The  State  Librarian  shall  be  elected  by  the  qualified 

voters  of  the  State  on  the - day  of  - -  in  the  year - , 

who  shall  hold  his  office  for  the  term  of  six  years  from  the 
first  day  of  January  next  after  his  election.  His  salary  shall 
he  fifteen  hundred  dollars  per  annum,  and  there  shall  be  no 
other  perquisites  or  fees'to  his  office  ;” 

Decided  in  the  negative. 

Mr.  King  submitted  the  following  amendment : 

Section  3.  Strike  out  in  the  third  line  the  word  “fifteen,” 
and  insert  the  word  “ten  ;” 


382 


The  question  being  on  the  adoption  of  the  amendment, 
Mr.  King  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative  . 


Messrs. 

Gale, 

King, 

Annan, 

Hopper, 

Horsey, 

Parran, 

Briscoe, 

Wickard, 

Dennis, 

Johnson, 

Wilmer — 13. 

Ecker, 

Keefer, 

Negative. 

Messrs. 

Harwood, 

Peter, 

G-oldsborougbjP’t 

Hebb, 

Pugh, 

Abbott, 

Hopkins, 

Jones,  of  Cecil, 

Purnell, 

Audoun, 

Robinette, 

Baker, 

Kennard, 

Russell, 

Blackiston, 

Lansdale, 

Sands, 

Bond, 

Larsh, 

Schley, 

Brown, 

Lee, 

Smith,  of  Carroll 

Carter, 

Marbury, 

Smith,  of  Wor., 

Chambers, 

Markey, 

Sneary, 

Cunningham, 

McComas, 

Stirling, 

Daniel, 

Miller, 

Stockbridge, 

Davis,  of  Wash., 

Morgan, 

Swope, 

Sykes, 

Dellinger, 

Mullikin, 

Earle, 

Murray, 

Turner, 

Farrow, 

Negley, 

Valliant, 

Greene, 

Parker, 

Wooden — 50. 

So  the  question  upon  its  adoption  was  decided  in .  the 
negative. 

Mr.  Mulliken  was  excused  from  attending  the  sessions  of 

the  Convention  for  a  few  days. 

« 

On  motion  of  Mr.  Daniel, 


The  Convention  took  a  recess  until  8  o’clock  this  evening. 

# 


383 


V 


EVENING  SESSION. 

The  Convention  met  at  8  o'clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Audoun,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Bond, 
Briscoe,  Brooks,  Brown,  Carter,  Chambers,  Clarke,  Crawford, 
Dail,  Davis,  of  Charles,  Davis,  of  Washington,  Dellinger, 
Dennis,  Dent,  Duvall,  Edelen,  Gale,  Harwood,  Hatch, 
Henkle,  Hodson,  Hoffman,  Hollyday,  Hopkins,  Horsey, 
Johnson,  Jones,  of  Cecil,  Lansdale,  Larsh,  Lee,  Mace,  Mar- 
bury,  Mayhugh,  Mitchell,  Miller,  Morgan,  Mullikin,  Negley, 
Noble,  Nyman,  Parran,  Peter,  Kidgely,  Schlosser,  Scott, 
Smith,  of  Dorchester,  Sneary,  Sykes,  Thomas,  Thruston, 
Todd,  Turner,  Valliant,  Wickard,  Wilmer — 62.  * 

There  being  no  quorum  present, 

Mr.  King  moved  a  call  of  the  Convention  ; 

The*  call  being  sustained, 

The  roll  was  called,  and  the  following  members  responded  : 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Baker, 
Cunningham,  Cushing,  Daniel,  Dellinger,  Earle,  Ecker, 
Farrow,  Galloway,  Greene,  Hebb,  Hopper,  Jones,  of  Somer¬ 
set,  Keefer,  Kennard,  King,  Markey,  McComas,  Murray, 
Parker,  Pugh,  Purnell,  .Robinette,  Russell,  Sands,  Schley, 
Smith,  of  Carroll,  Smith,  of  Worcester,  Sneary,  Stirling, 
Stockbridge,  Swope,  Wooden — 36. 

On  motion  of  Mr,  Farrow, 

The  Sergeant-at-Arms  was  sent  after  the  absent  members. 

* 

The  Sergeant-at-Arms  returned  and  reported  that  he  had 
notified  the  following  members,  all  he  could  find  in  the  city: 

Messrs.  Blackiston,  Davis,  of  Washington,  Duvall,  Har¬ 
wood,  Lee,  Marbury,  Miller,  Negley  and  Parran. 

On  motion  of  Mr.  Stockbridge, 

Further  proceedings  under  the  call  were  dispensed  with. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Kennard, 

The  Convention  adjourned. 


384 


WEDNESDAY,  August  3d,  1864. 


The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  Members  present  except  the  following  : 

Messrs.  Berry,  of  Baltimore  county,  Berry,  of  Prince 
George’s,  Billingsley,  Brooks,  Crawford,  Dail,  Davis,  of 
Charles,  Dennis,  Dent,  Edelen,  Henkle,  Mace,  Mayhugh, 
Mitchell,  Mulliken,  Noble,  Schlosser,  Smith,  of  Dorchester, 
Thomas,  Thurston,  Todd — 21. 

The  proceedings  of  yesterday  were  read  and  approved. 

*On  motion  of  Mr.  Morgan, 

It  was  ordered  to  he  entered  on  the  Journal,  that  the  ab¬ 
sence  of  Chapman  Billingsley  from  his  seat  in  the  Conven¬ 
tion  is  in  consequence  of  continued  indisposition. 

Mr.  Hebb,  in  accordance  with  notice  .given  yesterday, 
moved  to  amend  Rule  44,  of  the  Rules  of  the  Convention,  by 
striking  out  the  word  “elected,”  and  inserting  the  word 
“present 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Clark  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Abbott, 

Annan, 

Baker, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash 
■  Dellinger, 
Earle, 

Ecker, 

Earrow, 


Hotfman, 


Ridgely, 

Robinette, 

Russell, 

Sands, 

Schley, 

Scott, 

Smith,  of  Carroll, 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Valliant, 


Hopkins, 

Hopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

King, 

Larsh, 

Markey, 

McComas, 

Murray, 

Negley, 

Nyman, 


385 


Galloway, 

Pugh, 

Wickard, 

Greene, 

Hebb, 

Purnell, 

Negative. 

Wooden — 45. 

Messrs. 

Duvall, 

Lee, 

Goldsborough,  Pt.  Gale, 

Marbury, 

Audoun, 

Harwood, 

Miller, 

Barron, 

Hatch, 

Morgan, 

Belt, 

Hodson, 

Parker, 

Blackiston, 

Hollyday, 

Parran, 

Bond, 

Horsey, 

Peter, 

Briscoe, 

Johnson, 

Smith,  of  Wor., 

Brown, 

Jones,  of  Som. 

Turner, 

Chambers, 

Clarke, 

Lansdale, 

Wilmer — 30. 

•  So  the  question 
firmative. 

upon  its  adoption  was 

decided  in  the  af- 

Mr.  Belt  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  the  Judiciary  be  request¬ 
ed  .to  consider  and  report  upon  the  following  proposed 
section : 

Sec.  — .  Any  citizen  having  a  claim  against  the  State  shall 
have  the  right  to  institute  suit  for  the  same,  in  the  Circuit 
Court  of  the  county  in  which  he  shall  reside ;  and  if  the 
judgment  of  such  Court  shall  be  in  favor  of  the  plaintiff,  the 
duty  of  the  Comptroller  and  Treasurer  shall  be  to  pay  the 
amount  of  such  judgment,  without  any  appropriation  by  the 
General  Assembly  ;  and  the  General  Assembly  shall  pass  all 
laws  necessary  to  carry  out  the  provisions  of  this  section  ; 

Which  was  adopted. 

Mr.  Valliant  gave  notice,  that  he  would  move  the  follow¬ 
ing  amendments  to  the  Rules  of  the  Convention  : 

“Amend  Rule  42,  by  striking  out  in  the  first  line,  the 
words  “except  those  otherwise  herein  provided  for.” 

Amend  Rule  44,  by  striking  out  all  from  the  word  “ma¬ 
jority,”  in  the  4th  line,  to  the  word  “and”  in  the  9th 
line.  • 

Mr.  Purnell,  from  the  Committee  on  Elections,  submitted 
the  following 

REPORT : 

The  Committee  on  Elections,  to  examine  and  consider  the 
49  ° 


386 


credentials  and  to  enquire  into  the  validity  of  the  election 
and  qualification  of  the  members  elected  to  this  Convention, 
respectfully  submit  the  following  Report : 

Resolved,  That  all  of  the  members  holding  seats  in  this 
Convention  were  returned  duly  elected,  and  having  taken 
and  subscribed  the  oath  or  affirmation  before  the  Governor 
of  this  State,  as  prescribed  by  the  Act  to  provide  for  the 
taking  of  the  sense  of  the  people  upon  the  call  of  a  Conven¬ 
tion  to  frame  a  new  Constitution  and  form  of  Government 
for  this  State,  to  provide  for  the  election  of  Delegates  to  said 
Convention,  and  the  assembling  thereof,  are  deemed  qualified 
and  eligible  to  seats  in  this  Convention. 

William  T.  Purnell,  Chairman, 

Wm.  B.  Bond, 

Jno.  Brown, 

Silas  Larsh, 

Samuel  Keefer, 

Joseph  F.  Davis. 

Which  was  read  the  first  time. 

Mr.  Negley  from  the  Committee  on  the  Treasury  Depart¬ 
ment  submitted  the  following 

REPORT : 

Section  1.  There  shall  be  a  Treasury  Department,  consist¬ 
ing  of  a  Comptroller,  chosen  by  the  qualified  electors  of  the 

State - ,  who  shall  receive  an  annual  salary  of - ,  and  of  a 

Treasurer,  to  be  appointed  by  the  two  Houses  of  the  Legisla¬ 
ture,  - on  joint  ballot,  who  shall  also  receive  an  annual 

salary  of - ,  and  neither  of  said  officers  shall  be  allowed  or 

receive  any  fees,  commissions,  or  perquisites  of  any  kind,  in 
addition  to  his  salary,  for  the  performance  of  any  duty  or  ser¬ 
vice  whatever.  In  case  of  a  vacancy  in  either  of  the  offices, 
by  death  or  otherwise,  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  fill  such  vacancy  by  appoint¬ 
ment,  to  continue  until  another  election  by  the  people,  or  a 
choice  by  the  Legislature,  as  the  case  may  be,  and  the  quali¬ 
fication  of  the  successor.  The  Comptroller  and  the  Treasurer 
shall  keep  their  offices  at  the  seat  of  Government,  and  shall 
take  such  oath,  and  enter  into  such  bonds,  for  the  faithful 
discharge  of  their  duties  as  the  Legislature  shall  prescribe. 

Sec.  2.  The  Comptroller  shall  have  the  general  superinten¬ 
dence  of  the  fiscal  affairs  of  the  State  ;  he  shall  digest  and 
prepare  plans  for  the  improvement  and  management  of  the 
revenue,  and  for  the  support  of  the  public  credit;  prepare  and 


* 


I 


387 


report  estimates  of  the  revenue  and  expenditure  oi  the  State; 
superintend  and  enforce  the  collection  of  all  taxes  and  revenue, 
adjust,  settle  and  preserve  all  public  accounts  ;  decide  on  the 
forms  of  keeping  and  stating  accounts;  grant,  under  regula¬ 
tions  prescribed  by  law,  all  warrants  for  moneys  to  be  paid 
out  of  the  Treasury,  in  pursuance  of  appropriations  by  law; 
prescribe  the  formalities  of  the  transfer  of  stock  or  other  evi¬ 
dences  of  State  debt,  and  countersign  the  same,  without  which 
such  evidences  shall  not  be  valid  ;  he  shall  make  full  reports 
of  all  his  proceedings,  and  of  the  state  of  the  Treasxry  De¬ 
partment  within  ten  days  after  the  commencement  of  each 
session  of  the  Legislature,  and  perform  such  other  duties  as 
shall  be  prescribed  by  law. 

Sec.  3.  The  Treasurer  shall  receive  and  keep  the  moneys  of 
the  State  and  disburse  the  same  upon  warrants  drawn  by  the 
Comptroller,  and  not  otherwise;  he  shall  take  receipts  for  all 
moneys  paid  by  him,  and  all  receipts  for  moneys  received  by 
him  shall  be  endorsed  upon  warrants  signed  by  the  Comp¬ 
troller,  without  which  warrant,  so  signed,  no  acknowledg¬ 
ment  of  money  received  into  the  Treasury  shall  be  valid;  and 
upon  warrants  issued  by  the  Comptroller  he  shall  make  ar¬ 
rangements  for  the  payment  of  the  interest  of  the  public  debt, 
and  for  the  purchase  thereof,  on  account  of  the  sinking  fund; 
every  bond,  certificate,  or  other  evidence  of  the  debt  of  the 
State,  shall  be  signed  by  the  Treasurer  and  countersigned  by 
the  Comptroller,  and  no  new  certificate  or  other  evidence  in¬ 
tended  to  replace  another  shall  be  issued  until  the  old  one 
shall  be  delivered  to  the  Treasurer,  and  authority  executed 
in  due  form  for  the  transfer  of  the  same,  shall  be  filed  in  his 
office,  and  the  transfer  accordingly  made  on  the  books  thereof, 
and  the  certificate  or  other  evidence  cancelled;  but  the  Legis¬ 
lature  may  make  provision  for  the  loss  of  certificates  or  other 
evidence  of  the  debt. 

Sec.  4.  The  Treasurer  shall  render  his  accounts  quarterly 
to  the  Comptroller  ;  and  on  the  third  day  of  each  session  of 
the  Legislature  he  shall  submit  to  the  Senate  and  House  of 
Delegates  fair  and  accurate  copies  of  all  accounts  byehim  from 
time  to  time  rendered  and  settled  with  the  Comptroller;  he 
shall  at  all  times  submit  to  the  Comptroller  the  inspection  of 
the  moneys  in  his  hands,  and  perform  all  other  duties  that 
shall  be  prescribed  by  law. 

Peter  Megley, 

D.  J.  Market, 

James  U.  Dennis, 

Jos.  M.  Cushing. 

Which  was  read  the  first  time. 


388 


On  motion  of  Mr.  Hebb, 

The  consideration  of  the  unfinished  business  of  yesterday 
was  postponed,  and  the  report  of  the  Committee  on  Future 
Amendments  to  the  Constitution,  taken  up. 

The  report  having  been  read  the  third  time,  was  passed  by 
yeas  and  nays  as  follows: 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 

Carter, 

Cunningham, 

Cashing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 

Galloway, 

Greene, 


Messrs. 

Belt, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 

Duvall, 


Affirmative. 

Hatch, 

Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

King, 

Larsh, 

Markey, 

McComas, 

Murray, 

Negley, 

Nyman, 

Parker , 

Pup’h 

-L  UgU, 

Negative. 

Gale, 

Harwood, 

Hod'son, 

Hollyday, 

Horsey, 

J  ohnson, 

Jones,  of  Som., 
Lansdale, 


Purnell, 

Ridgely, 

Robinette, 

Russell. 

✓ 

Sands, 

Schley, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Yalliant, 

Wickard 
Wooden — 51. 


Lee, 

Marbury, 

Miller, 

Morgan, 

Parran, 

Peter, 

Turner, 

Wilmer — 24. 


On  motion  of  Mr.  Daniel, 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  Committee  to  consider  and  report  respecting  the  ap¬ 
pointment,  tenure  of  office,  duties  and  compensation  of  all 
civil  offices  not  embraced  in  the  duties  of  other  Standing  Com¬ 
mittees. 

Mr.  Stirling  submitted  the  following  amendment : 


389 


Sec.  3,  line  2 ,  strike  out  the  word  “four”  and  insert  the 
word  “two.” 

The  question  being  on  the  adoption  of  the  amendment, 
t  Mr.  Daniel  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Abbott, 

Annan, 

Baker, 

Cunningham, 

Ecker, 

Galloway, 

Harwood, 

Hebb, 

Hoffman, 

Hopper, 


Messrs. 

Goldsborough,  P’t 
Audoun, 

Barron, 

Belt, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Carter, 

Chambers, 

Clarke, 

Cushing, 

Daniel, 

Davis,  of  Wash., 


Affirmative. 

Jones,  of  Cecil, 
Keefer, 

King, 

Lee, 

Markey, 

McComas, 

Murray, 

Parran, 

Pugh, 

Robinette, 

Sands, 

Negative  . 

Dellinger, 

Duvall, 

Earle, 

Farrow, 

Gale, 

Greene, 

Hatch, 

Hodson, 

Hollyday, 

Hopkins, 

Horsey, 

Johnson, 

Jones,  of  Som., 

Kennard, 

Lansdale, 


Schley, 

Scott, 

Smith,  of  Carroll, 
Stirling, 
Stockbridge, 
Swope, 

Sykes, 

Turner, 

Wickard, 

Wilmer, 

Wooden — 32. 


Larsh, 

Marbury, 

Miller, 

Morgan, 

Negley, 

Nyman, 

Parker, 

Peter, 

Purnell, 

Eidgely, 

Russell, 

Smith,  of  Wor., 
Sneary, 

Yalliant — 43. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  King  submitted  the  following  amendment: 

Section  3,  line  4th,  after  the  word  “annum,”  insert  the 
words  “the  Legislature  shall  pass  no  laws  whereby  he  shall 
receive  any  additional  compensation  ;” 

The  question  being  on  the  adoption  of  the  amendment, 


390 


Mr.  King  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


'  Affirmative. 

♦ 

Messrs. 

Galloway, 

Negley, 

Goldsborough,  P’t 

Hatch, 

Nyman, 

Parker, 

Annan, 

Hoffman, 

Audoun, 

Hopkins, 

Parran, 

Baker, 

Hopper, 

Peter, 

Barron, 

Jones,  of  Cecil, 

Ridgely, 

Bond, 

Jones,  of  Som., 

Robinette, 

Brown, 

Keefer, 

Russell, 

Carter, 

King, 

Smith,  of  Carroll 

Clarke, 

Lansdale, 

Swope, 

Cunningham, 

Larsh, 

Sykes, 

Davis,  of  Wash., 

Lee, 

Turner, 

Duvall, 

Markey, 

Wickard, 

Ecker, 

McComas, 

Wilmer, 
Wooden— -44. 

Gale, 

Morgan, 

Negative. 

Messrs. 

Farrow, 

Pugh, 

Abbott, 

Greene, 

Harwood, 

Purnell, 

Belt, 

Sands, 

Schley, 

Blackiston, 

Hebb, 

Briscoe, 

Horsey, 

Scott, 

Chambers, 

Johnson, 

Smith,  of  Wor., 

Cushing, 

Kennard, 

Snearv, 

Daniel, 

Marburv, 

Stirling, 

Dellinger, 

Miller, 

Stockbridge, 

Earle, 

Murray, 

Yalliant — 29. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


Mr.  Yalliant  submitted  the  following  amendment : 

Strike  out  all  from  the  word  “qualified,”  in  the  3rd  line, 
to  “he,”  in  the  4th  line,  and  insert,  “the  salary  of  the  pre¬ 
sent  incumbent  shall  he  fifteen  hundred  dollars  per  annum, 
to  begin  on  the  1st  January  1865,  and  continue  till  the  close 
of  his  present  term  of  office,  hut  thereafter  he  nor  his  succes¬ 
sor  shall  not  receive  more  than  $1,000,  unless  otherwise  deter¬ 
mined  by  the  General  Assembly;” 

Decided  in  the  negative. 


391 


Mr.  Stirling  submitted  the  following  amendment : 

Strike  out  the  third  section  and  insert : 

“The  State  Librarian  shall  he  elected  by  joint  vote  of  the 
two  branches  of  the  Legislature  for  four  years,  and  until  his 
successor  shall  he  elected  and  qualified  ;  he  shall  perform 
such  duties  and  receive  such  compensation  as  are  now  pre¬ 
scribed  or  paid,  or  may  hereafter  be  prescribed  by  law 

Decided  in  the  negative. 

Mr.  Duvall  submitted  the  following  amendment : 

Amend  section  3,  by  adding  the  following  words : 

“And  whenever  the  General  Assembly  shall  appropriate 
any  amount  of  money  for  the  expenses  of  any  duties  to  be 
performed  by  the  Librarian,  such  amount  shall  be  only  paid 
by  the  Comptroller  and  Treasurer  upon  the  order  of  the 
Governor  of  the  State,  who  shall  transmit  to  the  next  suc¬ 
ceeding  General  Assembly  a  report  giving  the  details  of  such 
expenses ;” 

Decided  in  the  negative. 

Mr.  Purnell  submitted  the  following  amendment : 

Section  4.  Amend  by  striking  out  all  after  the  word  “the” 
in  the  fourth  line  to  the  word  “and/’  in  the  fifth  line,  and 
insert  “Tuesday  next  after  the  first  Monday  of  November,  in 
the  year  eighteen  hundred  and  sixty-five 

Decided  in  the  affirmative. 

Mr.  Ridgely  submitted  the  following  amendment : 

Section  4.  Strike  out  in  the  third  line,  the  words  “general 
ticket  and  not  by  districts,”  and  insert  “in  such  manner  and 
for  such  term  as  the  Legislature  may  prescribe  ;” 

Pending  the  consideration  of  which, 

The  time  having  arrived  for  taking  up  the  Order  of  the 
Day,  the  Convention  proceeded  to  the  consideration  of  the 
Majority  Report  of  the  Committee  appointed  to  consider  the 
39th  section  of  the  Report  of  the  Committee  on  the  Legisla¬ 
tive  Department,  to  wit : 

The  undersigned  members  of  the  Special  Committe,  to 
whom  was  referred  the  39th  section  in  the  Report  of  the 
Committee  on  the  Legislative  Department,  and  the  proposed 
amendments  thereto,  beg  leave  to  submit  the  following  Ma¬ 
jority  Report,  recommending  the  following  as  section  39,,  in 
the  aforesaid  Report : 


V 


392 


Sec.  39.  The  Governor,  Comptroller,  and  Treasurer,  of  the 
State,  are  hereby  authorized,  conjointly,  or  any  two  of  them, 
to  exchange  the  State’s  interest  in  the  Baltimore  and  Ohio 
Rail  Road  Company,  for  an  equal  amount  of  the  bonds  or 
registered  debt  now  owing  by  the  State,  and  subject  to  such 
regulations  and  conditions  as  the  General  Assembly  may 
from  time  to  time  prescribe,  to  sell  the  State’s  interest  in 
the  other  works  of  internal  improvement,  whether  as  a 
stockholder  or  a  creditor,  also  the  State’s  interest  in  any 
Banking  Corporation,  and  receive  in  payment  the  bonds  and 
registered  debt,  now  owing  by  the  State,  equal  in  amount  to 
the  price  obtained  for  the  State’s  said  interest ;  Provided,  that 
the  interest  of  the  State  in  the  Washington  Branch  of  the 
Baltimore  and  Ohio  Rail  Road  be  reserved  and  excepted 
from  sale  ;  and  that  at  the  election  to  be  held  for  the  adop¬ 
tion  or  rejection  of  this  Constitution,  the  sense  of  the  people 
shall  be  taken,  for  or  against  the  selling  of  the  State’s  inter¬ 
est  in  all  the  works  of  Internal  Improvement  or  other  corpo¬ 
rations. 

All  of  which  is  respectfully  submitted, 

Peter  Negley, 

Daniel  Clarke, 

Jos.  H.  Audoun, 

4  Isaac  D.  Jones, 

C.  S.  Parran. 

Mr.  Clarke  submitted  the  following  amendment : 

Sec  39.  Amend  Majority  Report  of  Special  Committee,  by 
striking  out  all  after  the  word  “and,”  in  the  15th  line,  and 
insert,  “provided  further,  that  no  sale  or  contract  of  sale  of 
the  State’s  interest  in  the  Chesapeake  and  Ohio  Canal  Com¬ 
pany  shall  go  into  effect,  until  the  same  shall  be  ratified  by 
the  ensuing  General  Assembly.” 

Mr.  Stirling  submitted  the  following  amendment  to  the 
amendment, 

Amend  by  striking  out  all  after  the  words  “provided 
further,”  and  insert  “that  the  State’s  interest  in  the  Chesa¬ 
peake  and  Ohio  Canal,  and  the  Chesapeake  and  Delaware 
Canal,  and  the  Tide  Water  Canal  Companies  be  exempted 
from  said  sale 

On  motion  of  Mr.  Briscoe, 

The  subject  was  divided. 

The  question  being  on  the  adoption  of  the  first  clause  of 


393 


the  amendment  to  the  amendment,  viz:  “to  except  the 
Chesapeake  and  Ohio  Canal 

Mr.  Hebb  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Annan, 

Baker, 

Barron, 

Blackiston, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 

Dellinger, 

Duvall, 

Earle, 

Eeker, 

Farrow, 

Galloway, 

Greene, 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Audoun, 

Belt, 

Bond, 

Briscoe, 

Brown, 

Carter, 

Chambers, 


Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Keefer, 

King, 

Lansdale, 

Larsh, 

Marbury, 

Morgan, 

Murray, 

Negley, 

Peter, 

Pugh, 

Purnell, 

Negative. 

Gale, 

Harwood, 

Hatch, 

Hollyday, 

'Horsey, 

Johnson, 

Jones,  of  Cecil, 
Jones,  of  Som. 
Lee, 


Ridgely, 

Robinette, 

Russell, 

Sands, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Valliant, 

Wickard, 

Wooden — 45. 


Markey, 

McComas, 

Miller, 

Nyman, 

Parker, 

Parran, 

Schley, 

Turner, 

Wilmer — 27. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  question  next  being  on  the  second  clause  of  the  amend¬ 
ment  to  the  amendment,  to  except  the  Chesapeake  and  Dela¬ 
ware  Canal; 

Mr.  Miller  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

50 


394 


The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Hebb, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Baker, 

Hopper, 

Scott, 

Barron, 

Blackiston, 

Keefer, 

Smith,  of  Carroll, 

Kennard, 

Smith,  of  Wor., 

Briscoe, 

Lansdale, 

Sneary, 

Daniel, 

Marbury, 

Stirling, 

Duvall, 

Morgan, 

Swope, 

Earle, 

Murray, 

Sykes, 

Ecker, 

Peter, 

Turner, 

Wickard, 

Farrow, 

Pugh, 

Galloway, 

Purnell, 

Wooden — 37. 

Greene, 

Robinette, 

Negative. 

Messrs. 

Harwood, 

Me  Comas, 

Goldsborough,  Pt. 

Hatch, 

Miller, 

Abbott, 

Hoffman, 

Negley, 

Audoun, 

Hollyday, 

Nyman, 

Belt, 

Horsey, 

Parker, 

Brown, 

Johnson, 

Parran, 

Carter, 

Markey, 

Eidgely, 

Chambers, 

Jones,  of  Cecil, 

Schley, 

Cunningham, 

Jones,  of  Som., 

Stockbridge, » 

Davis,  of  Wash., 

King,- 

Yalliant, 

Dellinger, 

Larsh, 

Wilmer  —34. 

Gale, 

Lee, 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

♦ 

The  question  next  being  on  the  adoption  of  the  last  clause 
of  the  amendment  to  the  amendment,  to  except  the  Tide 
Water  Canal  Company. 

Mr.  Miller  demanded  the  yeas  and  nays; 


The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Annan, 

Baker, 

Barron, 


Affirmative. 

Greene, 

Hebb, 

Hopkins, 

Hopper, 


Russell, 

Sands, 

Scott, 

Smith,  of  Carroll, 


395 


Blackiston, 

Keefer, 

Smith,  of  Wor., 

Briscoe, 

Kennard, 

Sneary, 

Cunningham, 

Lansdale, 

Stirling, 

Daniel, 

Morgan, 

Swope, 

Duvall, 

Murray, 

Sykes, 

Earle, 

Peter, 

Turner, 

Ecker, 

Pugh, 

Wickard, 

Farrow, 

Purnell, 

Wooden — 37. 

Galloway, 

Robinette, 

1/  #  •  |  ■  • j  |  }  /  •.  1  ‘ 

Negative. 

Messrs. 

Hatch, 

McComas, 

Goldsborough,  P’t 

Hoffman, 

Miller, 

Abbott, 

Hollyday, 

Negley, 

Audoun, 

Horsey, 

hi  vman, 

Belt, 

Johnson, 

Parker, 

Brown, 

Jones,  of  Cecil 

,  Parran, 

Carter, 

Jones,  of  Som., 

Ridgely, 

Chambers, 

King, 

Schley, 

Davis,  of  Wash., 

Larsh, 

Stockbridge, 

Dellinger,  § 

Marbury, 

Yalliant, 

Gale, 

Markey, 

Wilmer — 33. 

Harwood, 

So  the  question  upon  its  adoption  was  decided  in  the 

affirmative. 

Mr.  Stockbridge  moved  that  when  the  Convention  adjourns, 

it  stands  adjourned  until  Friday  next 

at  10  o’clock, 

Decided  in  the  affirmative. 

{ 

Messrs.  Sykes  and  Peter  were  excused  from  attending  the 

sessions  of  the  Convention  until  Monday. 

Mr.  King  moved  that  the  Convention  do  now  adjourn; 

The  question  being 

on  the  adoption 

of  the  motion, 

Mr.  Negley  demanded  the  yeas  and 

nays, 

The  demand  being 

sustained, 

The  yeas  and  nays 

were  called,  and 

appeared  as  follows  : 

Affirmative. 

Messrs. 

Hopkins, 

Parran, 

Goldsborough,  P’t 

Horsey, 

Peter, 

Audoun, 

Johnson, 

Pugh, 

Blackiston, 

Jones,  of  Cecil, 

Purnell, 

Briscoe, 

Jones,  of  Som., 

Ridgely, 

396 


Brown, 

Kennard, 

Russell, 

Chambers, 

King, 

Scott, 

Duvall, 

Lansdale, 

Smith,  of  Wor., 

Earle, 

Larsli, 

Sneary, 

Gale, 

Lee, 

Stirling, 

Greene, 

Marbury, 

Stockbridge, 

Harwood, 

Miller, 

Sykes, 

Hatch, 

Morgan, 

Murray, 

Turner, 

Ploffman, 

Wilmer — 43. 

Hollyday, 

Nyman, 

Negative. 

Messrs. 

Dellinger, 

Negley, 

Abbott, 

Ecker, 

Farrow, 

Parker, 

Annan, 

Robinette, 

Baker, 

Galloway, 

Schley, 

Belt, 

II  ebb, 

Smith,  of  Carroll, 
Swope, 

Cunningham, 

Hopper, 

Cushing, 

Keefer, 

Yalliant, 

Daniel, 

Markey, 

Wickard, 

Davis,  of  Wash., 

Me  Co  mas, 

♦  Wooden — 26. 

So  the  Convention 

adjourned  until 

Frida v  next,  at  10 

o’clock. 


FRIDAY,  August  5th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following : 

Messrs.  Barron,  Belt,  Berry,  of  Baltimore  county,  Berry,  of 
P.  George’s,  Billingsley,  Briscoe,  Brooks,  Crawford,  Cushing, 
Dail,  Davis,  of  Charles,  Dennis,  Dent,  Edelen,  Henkle,  Hod- 
son,  Jones,  of  Somerset,  Markey,  Mitchell,  Mullikin,  Noble, 
Peter,  Sands,  Schlosser,  Smith,  of  Dorchester,  Swope,  Sykes, 
Thomas,  Thruston — 29. 

The  proceedings  of  Wednesday  were  read  and  approved. 


397 


Mr.  Chambers  submitted  a  protest  against  the  order  sub¬ 
mitted  by  Mr.  Schley  and  adopted  by  the  Convention  on  the 
19th  inst.,  and  the  resolutions  submitted  by  Mr.  Stirling,  and 
adopted  by  the  Convention  on  the  20th  inst.,  in  reference  to 
the  removal  beyond  the  lines  of  the  arm}^  of  sympathizers  with 
the  rebellion; 

Mr.  Chambers  moved  that  said  protest  be  entered  on  the 
Journal. 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Hatch  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Gale, 

Mace, 

Goldsborough,  P’t  Harwood, 

Marbury, 

Blackiston, 

Henkle, 

Miller, 

Bond, 

Hollyday, 

Morgan, 

Brown, 

Horsey, 

Parran, 

Chambers, 

Johnson, 

Bidgely, 

Clarke, 

Lansdale, 

Smith,  of  Carroll, 

Daniel, 

Larsh, 

Turner, 

Wilmer — 26. 

Duvall, 

Lee, 

Negative. 

Messrs. 

Hebb, 

Pugh, 

Abbott, 

Hoffman, 

Purnell, 

Annan, 

Hopkins, 

Bobinette, 

Audoun, 

Hopper, 

Jones,  of  Cecil, 

Bussell, 

Baker, 

Schley, 

Carter, 

Keefer, 

Scott, 

Cunningham, 

Kennard, 

Smith,  of  Wor., 

Davis,  of  Wash., 

King, 

Sneary, 

Dellinger, 

Mayhugh, 

Stirling, 

Earle, 

McComas, 

Stock  bridge, 

Ecker, 

Murray, 

Todd, 

Earrow. 

Negley, 

Yalliant, 

Galloway, 

Nyman, 

Wickard, 

Wooden — 42. 

Greene, 

Hatch, 

Parker, 

So  the  question 
negative. 

upon  its  adoption 

was  decided  in  the 

Mr.  Yalliant  in 

j  r  ^ 

accordance  with  notice  previously  given, 

398 


moved  to  amend  Buie  42,  of  the  Buies  of  the  Convention,  by 
striking  out  in  the  first  line,  the  words  “except  those  other¬ 
wise  provided  for ;” 

Decided  in  the  affirmative. 

Mr.  Valliant,  also  moved  to  amend  Buie  44,  by  striking 
out  all  after  the  word  “majority,”  in  the  fourth  line,  to  the 
word  “and”  in  the  ninth  line  ; 

Decided  in  the  affirmative. 

The  Convention  proceeded  to  the  consideration  of  the  Be- 
port  of  the  Majority  of  the  Select  Committee  on  the  39th 
section  of  the  Legislative  Department, 

The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Clark,  as  amended  by  Mr.  Stirling  ; 

Mr.  Clarke  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 


The  yeas  and  nays 

a 

were  called,  and 

Affirmative. 

appeared  as  follows  : 

Messrs. 

Greene, 

Bobinette, 

Annan, 

Hebb, 

Smith,  of  Carroll, 

Baker, 

Hopkins, 

Stirling, 

Cunningham, 

Hopper, 

Stockb  ridge, 

Ecker, 

Keefer, 

Todd, 

Farrow, 

Murray, 

Wickard, 

Galloway, 

Pugh, 

Negative. 

Wooden — 20. 

Messrs. 

Hatch, 

Miller, 

Abbott, 

Henkle, 

Morgan, 

Audoun, 

Hoffman, 

Hollyday, 

Negley, 

Belt, 

Nyman, 

Parker, 

Blackiston, 

Horsey, 

Bond, 

Johnson, 

Par  ran, 

Brown, 

Carter, 

Jones,  of  Cecil, 

Purnell, 

Ivennard, 

Bidgely, 

Chambers, 

King, 

Bussell, 

Clarke, 

Lansdale, 

Schley, 

Daniel, 

Larsh, 

Scott, 

Davis,  of  Wash., 

Lee, 

Smith,  of  Wor., 

Dellinger, 

Mace, 

Sneary, 

Turner, 

Earle, 

Marbury, 

Gale, 

May  h  ugh, 

Valliant, 

Harwood, 

Me  Co  mas, 

Wilmer — 47. 

399 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Clarke  submitted  the  following  amendment: 

Amend  the  section  by  striking  out  all  after  the  word 
‘‘and”  in  line  fifteen,  and  insert  “provided  further,  that  no 
sale  or  contract  of  sale  of  the  State’s  interest  in  the  Chesa¬ 
peake  and  Ohio  Canal,  the  Chesapeake  and  Delaware  Canal, 
and  the  Tide  Water  Canal  Companies,  shall  go  into  effect, 
until  the  same  shall  be  ratified  by  the  ensuing  General 
Assembly 

Mr.  Schley  submitted  the  following  amendment  to  the 
amendment : 

Amend  amendment  by  adding;  :  “and  provided  further, 
that  the  State’s  interest  in  the  Chesapeake  and  Ohio  Canal 
Company  shall  not  be  sold  for  less  than  five  millions  ot  dol¬ 
lars.” 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment; 

Mr.  Schley,  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hebb, 

Smith,  of  Wor. 

Cunningham, 

Hopkins, 

Stirling, 

Daniel, 

Hopper, 

Stockbridge, 

Duvall, 

Jones,  of  Cecil, 

Todd, 

Earle, 

Keefer, 

Wickard, 

Ecker, 

Schley, 

Wooden — 19. 

Greene, 

Scott, 

Negative. 

Messrs. 

Harwood, 

Miller, 

Abbott, 

Hatch, 

Morgan, 

Murray, 

Annan, 

Henkle, 

Audoun, 

Hoffman, 

Hollyday, 

Negley, 

Baker, 

Nyman, 

Belt, 

Horsey, 

Parker, 

Blackiston, 

Johnson, 

Parran, 

Bond, 

Kennard, 

Purnell, 

Brown, 

King, 

Ridgely, 

Carter, 

Lansdale, 

Robinette, 

Chambers, 

Larsh, 

Russell, 

400 


Clarke, 

Davis,  of  Wash., 

Dellinger, 

Gale, 

*  » 

Galloway, 


Marbury, 
May  h  ugh, 
McComas, 


Lee, 

Mace, 


Wilmer — 47. 


Smith,  of  Carroll 


Sneary, 

Turner, 

Valliant, 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Duvall  submitted  the  following  amendment  : 

Add  to  the  amendment  the  words: 

“And  unless  the  said  purchaser  or  purchasers  of  the  Chesa¬ 
peake  and  Ohio  Canal  shall  in  proper  form  secure  to  the  hold¬ 
ers  of  scrip  and  other  creditors  of  said  company  the  payment 
of  such  scrip  and  debts  within  twenty  years  from  the  date  of 
such  sale,  with  annual  interest  at  six  per  cent.” 

Decided  in  the  negative. 

The  question  recurring  upon  the  amendment  submitted 
by  Mr.  Clarke, 

It  was  decided  in  the  affirmative.  * 

Mr.  Hebb  submitted  the  following  amendment : 

Strike  out  all  after  the  word  “the”  in  the  first  line  and 


insert : 


“General  Assembly  shall  so  soon  as  the  public  debt  shall 
have  been  fully  paid  off,  cause  to  be  transferred  to  the  several 
counties  and  the  city  of  Baltimore  stock  in  the  Internal  Im¬ 
provement  Companies  equal  to  the  amount  respectively  paid 
by  each  towards  the  erection  and  completion  of  said  works,  at 
the  then  market  value  of  said  stock.” 

Mr.  Miller  submitted  the  following  amendment  to  the 
amendment: 

Insert  before  the  words  “General  Assembly”  in  the  first 
line,  the  words: 

“The  General  Assembly  shall  pass  no  law  providing  in 
any  way  for  the  sale  of  the  State’s  interest  in  any  of  the  works 
of  Internal  Improvement  but  the” 

Mr.  Negley  called  the  previous  question  ; 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 


401 


The  question  next  being  the  on  the  amendment  of  Mi 
Miller  ; 

Mr.  Miller,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs.  Duvall, 

Miller', 

Negative. 

Stockbridge — 3. 

Messrs. 

Greene, 

Murray, 

Goldsborough,  P’t 

Harwood, 

Negley, 

Abbott, 

Hatch, 

Nyman, 

Annan, 

Hebb, 

Parker, 

Audoun, 

Hoffman, 

Parran, 

Baker, 

Hollyday, 

Pugh, 

Belt, 

Hopkins, 

Purnell, 

Blackiston, 

Hopper, 

Horsey, 

Ridgely, 

Bond, 

Robinette, 

Brown, 

Johnson, 

Russell, 

Carter, 

Jones,  of  Cecil, 

Schley, 

Chambers, 

Keefer, 

Scott, 

Clarke, 

Kennard, 

Smith,  of  Carroll 

Cunningham, 

King, 

Smith,  ofWor., 

Daniel, 

Lansdale, 

Sneary, 

Davis,  of  Wash., 

Larsh, 

Stirling, 

Dellinger, 

Lee, 

Todd, 

Earle, 

Mace, 

Turner, 

Ecker, 

Marbury, 

Valliant, 

Farrow, 

May  h  ugh, 

Wickard, 

Gale, 

McComas, 

Wilmer, 

Wooden — 65. 

Galloway, 

Morgan, 

So  the  question  upon  its  adoption  was  decided  in  the  nega 
tive. 


The  question  then  being  on  the  adoption  of  the  amend 
ment  submitted  by  Mr.  Hebb  ; 

Mr.  Hebb  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs.  Greene,  Purnell, 

Annan,  Hebb,  ■  Robinette, 

51 


402 


Baker, 

Cunningham, 

Daniel, 

Duvall, 

Ecker, 

Farrow, 


Messrs. 

Abbott, 

Audoun, 

Belt, 

Blackiston, 

Bond, 

Brown, 

Carter, 

Chambers, 

Clark, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Gale, 

Galloway, 

Harwood, 


Hopkins, 

Hopper, 

Keefer, 

Morgan, 

Pugh, 

Negative. 

Hatch, 

Hoffman, 

Hollyday, 

Horsey, 

Johnson, 

Jones,  of  Cecil, 
Kennard, 

King, 

Lansdale, 

Larsh, 

Lee, 

Mace, 

Marbury, 

Mayhugh, 

McComas, 

Miller, 


Smith,  of  Carroll, 
Smith,  of  Wor., 
Stockbridge, 
Wickard, 

Wooden — 21. 


Murray, 

Negley, 

Nyman, 

Parker, 

Parran, 

Ridgely, 

Bussell, 

Schley,  l 

Scott, 

Sneary, 

Stirling, 

Todd, 

Turner, 

Yalliant, 

Wilmer — 46. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


The  question  then  recurring  upon  the  adoption  of  the  Be- 
port  of  the  Majority  of  the  Committee  as  amended  ; 

Mr.  Daniel  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 


essrs. 

Affirmative. 

Hatch , 

Marbury, 

Abbott, 

Hoffman, 

Mayhugh, 

Annan, 

Audoun , 

Hollyday, 

McComas, 

Hopkins, 

Miller, 

Belt, 

Horsey, 

Negley, 

Blackiston, 

Johnson, 

Parker, 

Brown, 

Jones,  of  Cecil, 

Parran, 

Chambers, 

Kennard, 

Bidgely, 

Clarke, 

King, 

Bussell, 

Davis,  of  Wash., 

Lansdale, 

Schley, 

Duvall, 

Larsh, 

Turner, 

403 


i 


Gale, 

Lee, 

Valliant, 

Galloway, 

Harwood, 

Mace, 

Negative. 

Wilmer — 39. 

Messrs. 

Greene, 

Scott, 

Baker, 

Hebb, 

Smith,  of  Carroll, 

Bond, 

Hopper, 

Keefer, 

Smith,  of  Wor. 

Carter, 

Sneary, 

Cunningham, 

Morgan, 

Stirling, 

Daniel, 

Murray, 

Nyman, 

Stockbridge, 

Dellinger, 

Todd, 

Earle, 

Pugh, 

Wickard, 

Ecker, 

Purnell, 

Wooden — 28. 

Farrow, 

Robinette, 

The  question 

upon  its  adoption 

was  decided  in  the 

affirmative. 

Mr.  Hebb  submitted  the  following  amendment  as  an  ad¬ 
dition  to  section  39  of  the  Legislative  Report : 

“Provided  further,  that  before  any  transfer  shall  be  made 
of  the  interest  of  the  State  in  the  said  Chesapeake  and  Ohio 
Canal,  the  Chesapeake  and  Ohio  Canal  Company  shall  in 
proper  form  secure  to  the  holders  of  scrip  and  other  creditors 
of  said  company,  the  payment  of  said  scrip  and  debts  ; 

Mr.  Chambers  rose  to  a  point  of  order,  that  the  section 
having  been  adopted  under  the  action  of  the  previous  ques¬ 
tion  could  not  be  further  amended. 

The  President  decided  the  amendment  to  be  in  order  ; 

Mr.  Chambers  appealed  from  the  decision  of  the  Chair  ; 

The  question  being, 

“Shall  the  decision  of  the  Chair  be  sustained?” 

On  motion  of  Mr.  Pugh, 

The  Convention  took  a  recess  until  8  o’clock. 


404 


EVENING-  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following : 

Messrs.  Barron,  Berry,  of  Baltimore  county,  Berry, 
of  Prince  George’s,  Billingsley,  Blackiston,  Bond,  Briscoe. 
Brooks,  Brown,  Carter,  Chambers,  Crawford,  Cushing,  Dail, 
Davis,  of  Charles,  Dennis,  Dent,  Edelen,  Gale,  Hatch, 
Hodson,  Hoffman,  Horsey,  Johnson,  Jones,  of  Cecil,  Jones, 
of  Somerset,  Kennard,  Larsh,  Mace,  McComas,  Mitchell, 
Morgan,  Mullikin,  Noble,  Sands,  Schlosser,  Smith,  of  Dor¬ 
chester,  Swope,  Sykes,  Thomas,  Thruston,  Turner,  Valliant, 
Wickard,  Wilmer,  Wooden — 46. 

The  Convention  resumed  the  consideration  of  the  Report 
of  the  Committee  on  the  Legislative  Department ; 

The  question  being  on  sustaining  the  Chair,  in  his  decision 
upon  the  amendment  of  Mr.  Hebb; 

On  motion  of  Mr.  Abbott, 

The  appeal  was  laid  on  the  table. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Hebb, 

It  was  decided  in  the  negative. 

Mr.  Ridgely  submitted  the  following  amendment : 

In  the  third  line,  after  the  word  “interest,”  insert  the 
words  “as  stockholder  and  creditors 

Decided  in  the  affirmative. 

Mr.  Clark  submitted  the  following  amendment  to  the  Re¬ 
port  of  the  Committee  on  the  Legislative  Department : 

Insert  as  an  additional  section  the  following  : 

Sec.  — .  The  Legislature  at  its  first  session  after  the  adop¬ 
tion  of  this  Constitution  shall  provide  a  mode  by  which  those 
persons  who  were  owners  of  slaves  under  the  laws  of  this 
State,  on  the  1st  day  of  January,  1861,  or  at  the  time  of  the 
adoption  of  this  Constitution,  or  during  the  intervening  pe¬ 
riod,  may  purpetuate  the  evidence  of  the  number,  names, 
ages  and  sex  of  the  slaves  so  owned  by  them  respectively, 
and  by  which  those  persons  who  have  sustained  losses  of  pro¬ 
perty  by  reason  of  the  invasion  of  the  State  by  the  public 


405 


enemy  may  perpetuate  the  evidence  of  the  ownership,  value, 
and  loss  of  such  property. 

The  question  being  on  its  adoption  ; 


Mr.  Clarke  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Affirmative. 


essrs. 

Henkle, 

Negley, 

Belt, 

Hollyday, 

Par  ran, 

Brown, 

Lansdale, 

Peter, 

Clarke, 

Lee, 

Marbury, 

Ridgelv, 

Duvall, 

Sneary, 

Harwood , 

Miller, 

Negative. 

Todd — 17. 

essrs. 

Farrow, 

Parker, 

Goldsborough,  P’t 

Galloway, 

Pugh, 

Abbott, 

Greene, 

Purnell, 

Annan, 

Audoun, 

Hebb,  ' 

Robinette, 

Hopkins, 

Russell, 

Baker, 

Hopper, 

Schley, 

Cunningham, 

Keefer, 

Scott, 

Daniel, 

King, 

Smith,  of  Carroll 

Davis,  of  Wash., 

Markey, 

Smith,  of  Wor., 

Dellinger, 

May  h  ugh, 

Stirling, 

Stockbridge — 34. 

Earle, 

Murray, 

Ecker, 

Nyman, 

So  the  question  upon  its  adoption  was  decided  in  the 


negative. 


Mr.  Clark  submitted  the  following  amendment : 

Sec.  — .  No  free  negro  or  free  mulatto,  except  while  in 
the  military  service  of  the  United  States,  shall  come  into  or 
settle  in  this  State  after  the  adoption  of  this  Constitution  ; 

Mr.  Marbury  submitted  the  following  amendment  to  the 
amendment : 

Add  the  words  f ‘except  those  freed  by  this  Constitution*/ ’ 

Decided  in  the  negative. 

O  s. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Clarke, 

Mr.  Clarke  demanded  the  yeas  and  nays, 


406 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Affirmative. 

Henkle, 

Markey, 

Belt, 

Holly  day. 

Miller, 

Brown, 

Lansdale, 

Parran, 

Clarke, 

Lee, 

Peter, 

Duvall, 

Marbury, 

Todd — 15. 

Harwood, 

Messrs. 

Negative. 

Galloway, 

Pugh, 

Goldsborough,P’t 

Greene, 

Purnell, 

Abbott, 

Hebb,  ' 

Ridgely, 

Robinette, 

Annan, 

Hopkins, 

Audoun, 

Hopper, 

Russell, 

Baker, 

Keefer, 

Schley, 

Cunningham, 

King, 

Scott, 

Daniel, 

May  h  ugh, 

Smith  of  Car. 

Davis,  of  Wash., 

Murray, 

Negley, 

Smith,  of  Wor., 

Dellinger, 

Sneary, 

Earle, 

Nyman, 

Stirling, 

Ecker, 

■n 

Parker, 

Stockbridge — 36. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Hebb  submitted  the  following  amendment : 

Insert  as  an  additional  section,  the  following: 

“Sec.  — .  The  General  Assembly  before  authorizing  the 
sale  of  the  State’s  interest  in  the  Chesapeake  and  Ohio  Canal 
and  before  prescribing  regulations  and  conditions  for  said 
sale,  shall  pass  all  laws  that  may  be  necessary  to  authorize 
the  counties  of  Allegany,  Washington,  Frederick  and  Mont¬ 
gomery,  or  any  of  them,  to  create  a  debt  by  the  issue  of  bonds 
or  otherwise,  so  as  to  enable  them,  or  any  of  them,  to  become 
the  purchaser  of  said  interest.” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Hebb  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


407 


Affirmative. 


Messrs. 

Greene, 

Pugh, 

Baker, 

Hebb, 

Purnell, 

Belt, 

Hopkins, 

Ridgely, 

Brown, 

Clarke, 

Hopper, 

Keefer, 

Robinette, 

Schley, 

Cunningham, 

King, 

Scott, 

Daniel, 

Lansdale, 

Smith,  of  Carroll, 

Davis,  of  Wash., 

Lee, 

Smith,  of  Wor., 

Dellinger, 

Marbury, 

Snearv, 

Duvall, 

Markey, 

Stirling, 

Stockbridge, 

Earle, 

Murray, 

Farrow, 

Galloway, 

Peter, 

Negative. 

Todd — 36. 

Messrs. 

Harwood, 

Negley, 

Goldsborough.P’t 

Henkle, 

Nyman, 

Parker, 

Abbott, 

Hollyday, 

Annan, 

Mayhugh, 

Parran, 

Russell — 15. 

Audoun, 

Ecker, 

Miller, 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

The  report  was  then  ordered  to  be 
reading. 

engrossed  for  a  third 

The  Convention  then  proceeded  to  the  consideration  of  the 
report  of  the  Committee  on  the  appointment,  tenure  of  office, 
duties  and  compensation  of  all  civil  officers  not  embraced  in 
the  duties  of  other  Standing  Committees, 

The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Ridgely,  to  wit: 

Section  4.  Strike  out  in  the  third  line  the  words,  “general 
ticket  and  not  by  districts,”  and  insert  “in  such  manner  and 
for  such  term  as  the  Legislature  may  prescribe;” 

Mr.  Ridgely  withdrew  the  amendment. 

Mr.  Ridgely  submitted  the  following  amendment : 

Sec.  4,  eighth  line,  strike  out  the  words  “but  such  powers 
and  duties  shall  be  similar,  and  the  tenure  of  office  uniform 
throughout  the  State  ;” 

The  question  being  on  the  adoption  of  the  amendment, 


408 


Mr.  Daniel  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

King, 

Schley, 

Audoun, 

Lansdale, 

Marbury, 

Smith,  of  Carroll 

Greene, 

Smith,  of  Wor., 

Henkle, 

Miller, 

Stirling — 13. 

Hollyday, 

Ridgely, 

• 

Negative. 

Messrs. 

Earle, 

Negley, 

Goldsborough,  P’t 

Ecker, 

Nyman, 

Abbott, 

Farrow, 

Parker, 

Annan, 

Galloway, 

Peter, 

Baker, 

Hebb, 

Pugh, 

Brown, 

Hopkins, 

Purnell, 

Clarke, 

Hopper, 

Robinette, 

Cunningham, 

Keefer, 

Russell, 

Daniel, 

Lee, 

Scott, 

Davis,  of  Wash., 

Markey, 

Sneary, 

Dellinger, 

May  h  ugh, 

Stockbridge, 

Duvall, 

Murray,  ' 

Todd— 35. 

No  quorum  voting, 

On  motion  of  Mr.  Purnell, 

The  Convention  adjourned. 

SATURDAY,  August  6th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 

All  the  Members  present  except  the  following  : 

Messrs.  Barron,  Berry,  of  Baltimore  county,  Berry,  of 
Prince  George’s,  Billingsley,  Blackiston,  Bond,  Briscoe, 


409 


Carter,  Chambers,  Clarke,  Crawford,  Cushing,  Dail,  Davis, 
of  Charles,  Dennis,  Dent,  Gale,  Harwood,  Hoffman,  Hor¬ 
sey,  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Iveefer, 
Kennard,Larsh,Mace,  Marbury, McComas,  Mitchell,  Morgan, 
Mulliken,  Negley,  Noble,  Peter,  Schlosser,  Smith,  of  Dor¬ 
chester,  Swope,  Sykes,  Thomas,  Thruston,  Turner — 42. 

The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Wooden, 

It  was  ordered  to  be  entered  on  the  Journal,  that  Dr.  John 
Swope  is  detained  from  his  seat  in  this  Convention  by  sick¬ 
ness  in  his  family. 

The  Convention  proceeded  to  the  consideration  of  the  re¬ 
port  of  the  Committee  on  Appointment,  Tenure  of  Office,  &c., 
of  Civil  Offices; 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  bv  Mr.  Ridgely,  to  wit : 

Sec.  4,  eighth  line,  strike  out  the  words  “but  such  powers 
and  duties  shall  be  similar,  and  the  tenure  of  office  uniform 
throughout  the  State/' 

Mr.  Ridgely  withdrew  his  amendment. 

Mr.  Purnell  submitted  the  following  amendment: 

Amend  section  4,  in  sixth  line,  by  inserting  after  the  word 
“thereafter,”  the  following  :  “Provided,  however,  that  imme¬ 
diately  after  the  commissioners  shall  have  convened  after  their 
election  under  this  Constitution,  they  shall  be  divided  by  lot, 
into  two  classes,  as  nearly  equal  in  number  as  may  be—the 
commissioners  of  the  first  class  go  out  of  office  at  the  expira¬ 
tion  of  two  years,  and  commissioners  shall  be  elected  on  the 
Tuesday  after  the  first  Monday  of  November  eighteen  hun¬ 
dred  and  sixty-seven,  for  the  term  of  four  years,  to  supply  their 
places,  so  that,  after  the  first  election,  one-half  of  the  commis¬ 
sioners  may  be  chosen  every  second  year ;  provided,  that  in  no 
case  shall  any  commissioner  be  placed  in  a  class  which  shall 
entitle  him  to  serve  for  a  longer  term  than  that  for  which  he 
was  elected;  in  case  the  number  of  commissioners  be  hereafter 
increased  in  any  of  the  counties  of  this  State,  such  classifica¬ 
tion  of  the  additional  commissioners  shall  be  made  as  to  pre¬ 
serve  as  nearly  as  may  be  an  equal  number  in  each  class.” 

Decided  in  the  negative. 

Mr.  Todd  submitted  the  following  amendment': 


410 


Amend  section  4,  by  striking  out  the  word  “five,”  in  the 
fifth  line,  and  insert  the  word  “six 

Decided  in  the  negative. 

On  motion  of  Mr.  Scott, 

The  further  consideration  of  section  four  was  informally 
passed  over. 

Mr.  Dellinger  submitted  the  following  amendment: 

Sec.  5.  Strike  out  in  the  first  line  the  word  “appointment/ ’ 
and  in  the  third  line  the  words  “by  the  County  Commis¬ 
sioners/’  and  insert  in  the  first  line  the  word  “election  ;” 

Decided  in  the  negative. 

Mr.  Belt  submitted  the  following  amendment : 

Insert  after  the  word  “appointment/’  in  line  second,  the 
words  “or  election,”  and  strike  out  all  after  the  word 
“counties,”  in  the  third  line  ; 

Mr.  Davis,  of  Washington,  submitted  the  following  amend¬ 
ment  to  the  amendment : 


Amend  by  striking  out  the  words  “and  Constables,”  in 
the  second  line,  “and  Constables,”  in  the  fourth  line  ; 

Decided  in  the  negative. 

The  question  recurring  upon  the  amendment  submitted 
by  Mr.  Belt : 

Mr.  Miller  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Belt, 

Brooks, 

Cunningham 

Ecker, 


Hatch, 

Ilenkle, 

King, 

Lansdale, 

Markey, 

May  h  ugh, 
Pugh, 

Negative. 


Messrs. 

Goldsborough,  P’t 


Galloway, 

Greene, 


Iiidgely, 

Bands, 

Scott, 

Sneary, 
Stirling, 
Stockbridge, 
Wickard — 21. 


Parker, 

Parran, 


411 


Baker, 

Hebb, 

Purnell, 

Brown, 

Hod  son, 

Robinette, 

Chambers, 

Hollyday, 

Russell, 

Daniel, 

Hopkins, 

Schley, 

Davis,  of  Wash., 

Hopper, 

Smith,  of  Carroll, 

Dellinger, 

Lee, 

Smith,  of  Wor., 

Duvall, 

Miller, 

Todd, 

Earle, 

Murray, 

Yalliant, 

Edelen, 

Hyman, 

Wilrner — 33. 

Farrow, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Pugh  submitted  the  following  amendment: 

Section  5.  Strike  out  the  words  “and  Constables,”  in  the 
second  line,  and  all  after  the  word  “counties,”  in  the  third 
line  ; 

On  motion  of  Mr.  Idebb, 

The  subject  was  divided. 

The  question  being  on  the  first  clause  of  the  subject, 
to  wit  : 

Strike  out  the  words  “and  Constables,”  in  the  second 
line  ; 

It  was  decided  in  the  affirmative. 

f 

The  question  next  being  on  the  second  clause,  to  wit : 

Strike  out  all  after  the  word  “counties,”  in  the  third 
line : 

It  was  decided  in  the  negative. 

Mr.  Hebb  submitted  the  following  amendment : 

Sec.  5.  Strikeout  the  words  “and  Constables,”  in  the 
fourth  line  ; 

Decided  in  the  affirmative. 

Mr.  Belt  submitted  the  following  amendment : 

Section  5.  Strike  out  the  words  “in  the  several  election 
districts,”  in  the  fourth  line  ; 

Decided  in  the  negative. 

Mr.  Schley  submitted  the  following  amendment : 


412 


Section  5.  Strike  out  all  after  the  word  1  ‘Commissioners/’ 
in  the  fifth  line  ; 

Mr.  Scott  submitted  the  following  amendment  to  the 
amendment  : 

Section  5.  Strike  out  all  after  the  word  “uniform,”  in  the 
sixth  line  ; 

Decided  in  the  negative. 

The  question  recurring  upon  the  amendment  submitted 
by  Mr.  Schley, 

It  was  decided  in  the  affirmative. 

Mr.  Daniel  submitted  the  following  amendment : 

Section  5.  Insert  after  the  word  “Supervisor,”  in  the 
fourth  line,  the  words  “as  well  as  their  powers  and 
duties 

Decided  in  the  affirmative. 

Mr.  Abbott  submitted  the  following  amendment : 

“Strike  out  the  5th  section  ;” 

Decided  in  the  negative. 

Mr.  Purnell  submitted  the  following  amendment: 

Amend  sec.  6,  by  striking  out  all  after  the  word  “the,”  in 
the  second  line,  to  the  word  “and,”  in  the  third  line,  and  in¬ 
sert  “Tuesday  next  after  the  first  Monday  of  November,  in 
the  year  eighteen  hundred  and  sixty-five 

Decided  in  the  affirmative. 

Mr.  Belt  submitted  the  following  amendment  : 

Amend  sec.  6,  by  striking  out  lines  one,  two  and  three,  and 
inserting  the  words  following  : 

“Section  6.  The  Judges  of  the  Circuit  Courts  residing  in 
each  county,  and  of  the  Superior  Court  of  Baltimore  city, 
shall,  on  or  before  the  Tuesday  next  after  the  1st  Monday  of 
November,  in  the  year  1865,  and  on  or  before  the  same  day 
in  every  second  year  thereafter,  appoint  a  Surveyor  for  the 
said  counties  and  districts  respectively;” 

Decided  in  the  negative. 

Mr.  Henkle  submitted  the  following  amendment: 

Section  6.  Strike  out  the  word  “two,”  in  the  third  line, 
and  insert  “four  ;” 


413 


V 


The  question  being  on  the  adoption  of  the  amendment, 


•Mr. i Davis,  of  Washington,  demanded  the  yeas  and  nays. 
The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Abbott, 

Audoun, 

Brocks, 

Chambers, 

Daniel, 

Earle, 

Edelen, 

Hatch, 


Henkle, 

Hod  son, 

Holly  day, 

Hopkins, 

King, 

Lansdale, 

Miller, 

Murray, 


Parker, 

Par  ran, 

Pidgely, 

Sands, 

Scott, 

Smith,  of  Wor., 
Stock  bridge, 
Yalliant — 24. 


Messrs. 

Annan, 

Baker, 

Brown, 
Cunningham, 
Davis,  of  Wash., 
Dellinger, 
Duvall, 

Ecker, 

Farrow, 


Negative. 

Galloway, 

Greene, 

II  ebb, 
Hopper, 

Lee, 

Markey, 

Mayhugh, 

Ny  man, 
Pugh, 


Purnell, 

Robinette, 

Bussell, 

Schley, 

Smith,  of  Carroll, 
Stirling, 

Todd, 

Wickard, 

Wilmer — 27. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Purnell  submitted  the  following  amendment : 

Amend  sec.  7,  by  striking  out  all  after  the  word  “the,”  in 
the  first  line,  to  the  word  “and,”  in  the  third  line,  and  in¬ 
sert  “Tuesday  next  after  the  first  Monday  of  November,  in 
the  year  eighteen  hundred  and  sixty-five 

Decided  in  the  affirmative. 

Mr.  Miller  (by  general  consent)  submitted  the  following 
amendment : 

Add  at  end  of  sec.  6  the  words,  “for  the  residue  of  the  term 
thus  made  vacant 


Decided  in  the  affirmative. 

Mr.  Scott  submitted  the  following  amendment : 


414 


Sections.  Strike  out  all  after  the  word  “duties,”  in  the 
third  line ; 

Decided  in  the  affirmative. 

Mr.  Daniel  submitted  the  following  amendment: 

Section  8.  After  the  word  “their,”  in  the  third  line,  insert 
the  words  “tenure  of  office  ,” 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

“Strike  out  the  9th  section;” 

Decided  in  the  affirmative. 

Messrs.  Chambers  and  Belt  were  excused  from  attending 
the  sessions  of  the  Convention  for  a  few  days. 

Mr.  Belt  submitted  the  following  resolutions  : 

Whereas,  On  the  6th  day  of  April  1864,  the  same  having 
been  the  day  appointed  by  law  for  the  election,  in  the  city  of 
Baltimore  and  the  several  counties,  of  Delegates  to  this  Con¬ 
vention,  Bichard  H.  Edelen,  Esq.,  a  delegate  from  Charles 
county,  was  the  State’s  Attorney  for  the  said  county,  and 
Henry  H.  Goldsborough,  Esq.,  a  delegate  from  Talbot  coun¬ 
ty,  was  on  the  same  day  the  Comptroller  of  the  Treasury  of 
the  State,  and  George  Earle,  Esq.,  a  delegate  from  Cecil 
county,  was  on  the  same  day  the  Clerk  of  the  Court  of  Ap¬ 
peals  of  the  State,  and  Edward  W.  Belt,  Esq.,  a  delegate 
from  Prince  George’s  county,  was  on  the  same  day  the  State’s 
Attorney  for  said  county,  and  William  H.  W.  Farrow,  Esq., 
a  delegate  from  Worcester  county,  was  on  the  same  day  the 
State’s  Attorney  for  said  county,  and  Frederick  Schley,  Esq., 
a  delegate  from  Frederick  county,  was  on  the  same  day  a 
Collector  of  the  Internal  Kevenue  Taxes  of  the  United  States, 
and  Joseph  H.  Audoun,  Esq.,  a  delegate  from  Baltimore 
city,  was  on  the  same  day  a  Justice  of  the  Orphans’  Court  of 
said  city,  and  John  L.  Thomas,  Jr.,  Esq.,  a  delegate  from 
Baltimore  city,  was  on  the  same  day  the  State’s  Attorney 
for  said  city,  and  George  A.  Thruston,  Esq.,  a  delegate  from 
Allegany  county,  was  on  the  same  day,  the  State’s  Attorney 
for  said  county,  and  George  W.  Sands,  Esq.,  a  delegate  from 
Howard  county,  was  on  the  same  day  the  State’s  Attorney  for 
said  county,  and  the  Bev.  Bobert  W.  Todd,  a  delegate  from 
Caroline  county,  was  on  the  same  day  a  Minister  or  Preacher 
of  the  Gospel  ; 

And  whereas,  none  of  the  said  Delegates,  either  before  or 
after  said  day,  did  resign  said  respective  offices  or  employ- 


415 


ments,  and  they  were  thereby,  under  the  Constitution  and  laws 
of  this  State,  ineligible  as  delegates  to  this  Convention;  There¬ 
fore, 

Resolved,  That  the  seats  of  the  aforesaid  delegates  he,  and 
the  same  are  hereby  declared  vacant,  and  the  President  he 
and  he  is  hereby  requested,  as  soon  as  may  be,  to  take  order 
for  the  election  of  delegates  to  fill  said  vacancies  in  the  said 
city  and  counties  respectively,  according  to  law. 

Which  was  read  the  first  time. 

Mr.  Stockbridge,  from  the  Committee  on  the  Judiciary  De¬ 
partment,  submitted  the  following 

REPORT : 

Annapolis,  August  6th,  1864. 

The  Committee  appointed  to  consider  and  report  upon  the 
Judiciary  System  of  the  State,  respectfully  submit  the  follow¬ 
ing  report,  and  recommend  the  adoption  of  the  same  as  Ar¬ 
ticle  IV  of  the  Constitution. 

H.  Stockbridge,  Chairman 

Com.  on  Jud’y  Dep’t. 

% 

JUDICIARY  DEPARTMENT. 

•  PART  I. 

General  Provisions. 

Section  1.  The  Judicial  Power  of  this  State  shall  be  vested 
in  a  Court  of  Appeals,  Circuit  Courts,  Orphans’  Courts,  such 
Courts  for  the  city  of  Baltimore  as  may  be  hereinafter  pre¬ 
scribed  or  provided  for,  and  Justices  of  the  Peace  ;  all  said 
Courts  shall  be  Courts  of  Record,  and  have  a  seal  to  be  used 
in  the  authentication  of  all  process  issuing  from  them.  The 
process  and  official  character  of  Justices  of  the  Peace  shall 
be  authenticated  as  hath  heretofore  been  practised  in  this 
State,  or  may  hereafter  be  prescribed  by  law. 

• 

Sec.  2.  The  Judges  of  the  several  Courts,  except  the  As¬ 
sociated  Judges  of  the  Orphans’  Courts,  shall  be  citizens  of 
the  United  States,  and  of  this  State,  not  less  than  five  years 
next  preceding  their  appointment,  and  not  less  than  one  year 
next  preceding  their  appointment  resident  in  the  Judicial 
District  or  Circuit,  as  the  case  may  be,  for  which  they  may 
be  appointed.  They  shall  be  not  less  than  thirty  years  of 
age  at  the  time  of  their  appointment,  and  selected  from  those 
who  have  been  admitted  to  practice  law  in  this  State,  and 


416 


who  are  most  distinguished  for  integrity,  wisdom  and  sound 
legal  knowledge. 

Sec.  3.  The  Judges  shall  he  appointed,  commissioned  and 
designated  as  Chief  or  Associate  Justices,  by  the  Governor, 
with  the  advice  and  consent  of  the  Senate.  Each  Judge  shall 
hold  his  office  during  good  behavior,  or  until  he  shall  attain 
the  age  of  sixty  years,  when,  in  the  discretion  of  the  Gover¬ 
nor,  by  and  with  the  advice  and  consent  of  the  Senate,  he 
may  be  re-appointed  for  a  term  not  exceeding  ten  years,  after 
which  he  shall  not  be  re-appointed. 

Sec.  4.  Any  Judge  shall  be  removed  from  office  by  the 
Governor,  on  conviction  in  a  Court  of  Law,  of  incompetency, 
of  wilful  neglect  of  duty,  misbehavior  in  office,  or  any  other 
crime,  on  impeachment  according  to  this  Constitution  or  the 
laws  of  the  State,  or  on  the  address  of  the  General  Assembly, 
two-thirds  of  each  house  concurring  in  such  address,  and  the 
accused  having  been  notified  of  the  charges  against  him,  and 
had  opportunity  of  making  his  defence. 

Sec.  5.  All  Judges  shall,  by  virtue  of  their  offices,  be  con¬ 
servators  of  the  peace  throughout  the  State,  and  no  fees  or 
perquisites,  commission  or  reward  of  any  kind  shall  be  al¬ 
lowed  to  any  Judge  in  this  State  besides  his  annual  salary  or 
fixed  per  diem  for  the  discharge  of  any  judicial  duty. 

Sec.  6.  No  Judge  shall  sit  in  any  case  wherein  he  may  be 
interested,  or  where  either  of  the  parties  may  be  connected 
with  him  by  affinity  or  consanguinity  within  such  degrees  a^ 
now  are  or  may  hereafter  be  prescribed  by  law,  or  where  he  shall 
have  been  of  counsel  in  the  case. 

Sec.  7.  The  Judge  or  Judges  of  any  Court  may  appoint 
such  subordinate  officers  for  their  respective  Courts  as  may  be 
found  necessary,  but  none  other  ;  and  no  Crier  shall  be  ap¬ 
pointed  in  any  Court,  but  Clerks  or  Assistant  Clerks,  Sheriffs 
or  their  Deputies,  or  Bailiffs,  as  the  Court  directs,  shall, 
without  additional  compensation,  perform  the  duties  hereto¬ 
fore  performed  by  Criers. 

Sec.  8.  The  Clerks  of  the  several  Courts  created  or  contin¬ 
ued  by  this  Constitution,  shall  have  charge  and  custody  of 
the  records  and  other  papers,  shall  perform  all  the  duties 
and  be  allowed  the  fees  which  appertain  to  their  several 
offices, 'as  the  same  now  are  or  may  hereafter  be  regulated  by 
law. 

Sec.  9.  The  Legislature  shall  provide  for  the  trial  of  causes 
in  case  of  the  disqualification  of  all  of  the  Judges  of  the  Cir¬ 
cuit,  but  the  parties  to  any  cause  may,  by  consent,  appoint  a 


417 


proper  person  to  try  said  cause,  and  may  try  any  cause  before 
the  Court  without  the  intervention  of  a  jury. 

Sec.  10.  The  Judge  or  Judges  of  any  Court  of  this  State, 
except  the  Court  of  Appeals,  may  order  and  direct  the  record 
of  proceedings  in  any  suit  or  action,  issue  or  petition,  pre¬ 
sentment  or  indictment  pending  in  such  Court,  to  be  trans¬ 
mitted  to  some  other  Court  in  the  same  or  an  adjoining  Cir¬ 
cuit  having  jurisdiction  in  such  causes,  whenever  any  party 
to  such  cause,  or  the  counsel  of  any  party,  shall  make  it  satis¬ 
factorily  appear  to  the  Court  that  such  party  has  a  substantial 
ground  of  action  or  defence,  and  cannot  have  a  fair  and  im¬ 
partial  trial  in  the  Court  in  which  such  suit  or  action,  issue 
or  petition,  presentment  or  indictment  is  pending  ;  and  the 
General  Assembly  shall  make  such  modifications  of  existing 
law  as  may  be  necessary  to  regulate  and  give  force  to  this 
provision. 

•  Sec.  11.  Every  person  of  good  moral  character,  being  a 
voter,  shall  be  admitted  to  practice  law  in  all  the  Courts  of 
this  State,  in  his  own  case. 

4 

PART  II. 

Court  of  Appeals. 

Sec.  12.  The  Court  of  Appeals  shall  consist  of  a  Chief 
Justice  and  four  Associate  Justices,  and  for  their  selection  the 
State  shall  be  divided  into  five  Judicial  Districts  as  follows, 
viz :  Worcester,  Somerset,  Dorchester,  Talbot,  Caroline, 
Queen  Anne,  Kent  and  Cecil  counties,  shall  compose  the 
first  district  ;  Harford  and  Baltimore  counties,  and  the  first 
seven  Wards  of  Baltimore  city,  shall  compose  the  Second 
District  ;  Baltimore  city,  except  the  first  seven  Wards,  shall 
compose  the  Third  District  ;  Allegany,  Washington,  Frede¬ 
rick,  Howard  and  Carroll  counties,  shall  compose  the  Fourth 
District ;  St.  Mary's,  Charles,  Anne  Arundel,  Calvert,  Prince 
George’s  and  Montgomery  counties,  shall  compose  the  Fifth 
District;  and  one  of  the  Judges  of  the  Court  of  Appeals 
shall  be  appointed  from  each  of  said  Districts. 

Sec.  13.  The  Court  of  Appeals  shall  hold  its  sessions  in 
the  city  of  Annapolis,  on  the  first  Monday  in  April,  and  the 
first  Monday  in  October,  in  each  and  every  year,  or  at  such 
other  times  as  the  General  Assembly  may  by  law  direct,  and 
it  shall  be  competent  for  the  Judges  of  said  Court,  sufficient 
cause  appearing  to  them,  temporarily  to  transfer  their  sit¬ 
tings  elsewhere. 

Sec.  14.  The  jurisdiction  of  the  Court  of  Appeals  shall  be 
co-extensive  with  the  limits  of  the  State,  and  such  as  now  is  or 

53 


418 


may  hereafter  be  prescribed  for  it  by  law,  and  its  sessions 
shall  continue  for  not  less  than  ten  months  in  the  year,  it  the 
business  before  it  shall  so  require. 

Sec.  15.  Any  three  of  the  Judges  of  the  Court  of  Appeals 
may  constitute  a  quorum,  but  no  cause  shall  be  decided  with¬ 
out  the  concurrence  of  at  least  three  Judges  in  the  decision, 
and  in  every  case  decided,  an  opinion  in  writing  shall  be  tiled 
within  six  months  after  the  argument  or  submission  of  the 
cause,  and  the  judgment  of  the  Court  shall  he  final  and 
conclusive. 

Sec.  16.  The  salary  of  the  Justices  of  the  Court  of  Appeals 
shall  he  four  thousand  dollars  each  per  annum,  payable 
quarterly. 

Sec.  17.  Provision  shall  be  made  by  law  for  publishing  re¬ 
ports  of  all  causes  argued  and  determined  in  the  Court  of 
Appeals. 

Sec.  18.  The  Court  of  Appeals  shall  appoint  its  own  Clerk, 
who  shall  hold  his  office  for  six  years,  and  may  be  re-appoint¬ 
ed  at  the  end  thereof ;  he  shall  be  subject  to  removal  by  the 
said  Court  for  incompetency,  neglect  of  duty,  misdemeanor 
in  office,  or  such  other  cause  or  causes  as  may  be  prescribed 
by  law. 

PART  III. 

Circuit  Courts. 

Sec.  19.  The  State  shall  be  divided  into  eight  Judicial 
Circuits,  in  manner  following  :  The  counties  of  St.  Mary’s, 
Charles- and  Prince  George’s,  shall  constitute  the  First  Cir¬ 
cuit  ;  the  counties  of  Calvert,  Anne  Arundel  and  Montgo¬ 
mery,  the  second;  the  counties  of  Allegany,  Washington, 
and  Frederick,  the  third ;  the  counties  of  Baltimore, 
Howard  and  Carroll,  the  fourth;  the  counties  of  Harford, 
Cecil  and  Kent,  the  fifth;  the  counties  of  Queen  Anne’s, 
Talbot  and  Caroline,  the  sixth  ,  the  counties  of  Dorchester, 
Somerset  and  Worcester,  the  seventh ;  and  the  city  of 
Baltimore,  the  eighth. 

Sec.  20.  In  each  of  the  above  named  Circuits,  except  the 
eighth,  there  shall  be  three  Courts,  one  to  be  held  in  each 
county  ;  they  shall  be  called  Circuit  Courts  for  the  county  in 
which  they  may  be  held,  and  shall  have  and  exercise  all  the 
power,  authority,  and  jurisdiction,  original  and  appellate, 
which  the  present  Circuit  Courts  of  this  State  now  have  and 
exercise,  or  which  may  hereafter  be  prescribed  by  law. 


419 


Sec.  21.  For  each  Circuit  (the  eighth  excepted)  there  shall 
be  three  Judges,  who  shall  be  styled  Circuit  Judges,  one  of 
said  Judges,  during  his  term  of  office,  shall  reside  in  each 
county  of  the  Circuit;  the  said  Judges  shall  hold  a  term  of 
their  Courts  in  each  of  the  counties  composing  their  respec¬ 
tive  Circuits  at  such  times  as  now  are  or  may  hereafter  be 
fixed  by  law,  such  terms  to  be  never  less  than  two  in  each 
year  in  each  county  ;  special  terms  may  he  held  by  said 
Judges,  in  their  discretion,  whenever  the  business  of  their  sev¬ 
eral  counties  renders  such  terms  necessary;  a  single  Judge 
may  hold  sessions  of  the  Circuit  Court  for  the  disposal  of  all 
equity  business,  all  business  merely  formal  and  uncontested, 
appeals  from  the  decisions  of  Justices  of  the  Peace,  (but  no 
other  appeals,)  and  such  causes  civil  or  criminal  as  the  par¬ 
ties  litigant  shall  consent  to  try  before  *a  single  Judge. 

Sec.  22.  The  salary  of  each  Judge  of  the  Circuit  Court  shall 
be  three  thousand  dollars  per  annum,  payable  quarterly,  and 
shall  not  be  increased  or  diminished  during  his  continuance 
in  office. 

Sec.  23.  There  shall  be  a  Clerk  of  the  Circuit  Court  for 
each  county,  who  shall  be  elected  by  a  plurality  vote  of  the 
qualified  voters  of  said  county;  he  shall  hold  his  office  for  the 
term  of  six  years  from  the  time  of  his  election,  and  until  a 
new  election  is  held  and  his  successor  duly  qualified;  he  shall 
be  re-eligible  at  the  end  of  his  term,  and  shall  at  any  time  be 
subject  to  removal  for  wilful  neglect  of  duty,  or  other  misde¬ 
meanor  in  office,  on  conviction  in  a  Court  of  Law. 

PART  IV. 

Orphans'  Courts. 

Sec.  24.  There  shall  be  an  Orphans’  Court  in  each  of  the 
counties  of  the  State,  and  the  city  of  Baltimore,  and  the  Cir¬ 
cuit  Judge  resident  in  any  county  shall  be  ex-officio  Chief 
Judge  of  the  Orphans’  Court  of  such  county,  and  one  of  the 
Judges  of  the  Circuit  Court  of  Baltimore  city  shall  sit  as  Chief 
Judge  of  the  Orphans’  Court  of  said  city;  the  qualified  voters 
of  the  city  of  Baltimore  and  of  the  several  counties  of  the 
State  shall,  on  Tuesday  next  after  the  first  Monday  in  the 
month  of  November  eighteen  hundred  and  sixty-seven,  and 
on  the  same  day  of  the  same  month  in  every  fourth  year  there¬ 
after,  elect  two  men  to  be  Associate  Judges  of  the  Orphans’ 
Court  of  said  city  and  counties  respectively;  no  person  shall 
be  elected  Associate  Judge  of  the  Orphans’  Court  unless  he  be 
a  citizen  of  the  State  of  Maryland,  and  resident  in  the  city  or 
county  for  which  he  may  be  elected  at  the  time  of  his  elec¬ 
tion;  each  of  said  Associate  Judges  shall  be  paid  at  a  per  diem 


420 


rate  for  the  time  they  are  in  session,  to  he  fixed  by  the  Legis¬ 
lature,  and  paid  by  the  said  counties  and  city  respectively. 

Sec.  25.  The  said  Orphans’  Courts  shall  have  all  the  powers 
now  vested  in  the  Orphans’  Courts  of  this  State,  subject  to 
such  changes  therein  as  the  Legislature  may  prescribe  ;  and 
in  addition  to  the  jurisdiction  now  exercised  by  the  said  Courts, 
they  shall  have  and  exercise  in  relation  to  the  real  estate  of 
deceased  persons  concurrent  jurisdiction  with  the  Circuit 
Courts  sitting  as  Courts  of  Equity,  and  it  shall  be  the  duty 
of  the  Legislature  to  make  such  modifications  of  existing  laws 
as  may  be  requisite  to  give  full  power  and  effect  to  this  pro¬ 
vision. 

Sec.  26.  There  shall  be  a  Register  of  Wills  in  each  county 
of  the  State,  and  in  th£  city  of  Baltimore,  to  be  elected  by  the 
legal  and  qualified  voters  of  said  counties  and  city  respective¬ 
ly,  who  shall  hold  his  office  for  six  years  from  the  time  of  his 
election,  and  until  his  successor  is  elected  and  qualified;  he 
shall  be  re-eligible,  and  subject  at  all  times  to  removal  for 
wilful  neglect  of  duty,  or  misdemeanor  in  office,  in  the  same 
manner  that  Clerks  of  Courts  are  removable.  In  the 
event  of  any  vacancy  in  the  office  of  Register  of  Wills,  said 
vacancy  shall  be  filled  by  the  Judges  of  the  Orphans’  Court 
in  which  such  vacancy  occurs,  until  the  next  general  election 
of  Delegates  to  the  General  Assembly,  when  a  Register  shall 
be  elected  to  serve  for  six  years  thereafter. 

PART  Y. 

•  Courts  op  Baltimore  City. 

Sec.  27.  There  shall  be  in  the  eighth  Judicial  Circuit  two 
Courts,  to  be  styled  the  Superior  Court  of  Baltimore  city  and 
the  Circuit  Court  of  Baltimore  city;  each  Court  to  consist  of 
three  Judges,  who  shall  be  appointed  in  the  same  manner, 
hold  their  offices  for  the  same  time,  and  have  the  same  gen¬ 
eral  powers  and  duties  as  are  herein  prescribed  for  other 
Judges  of  Courts  of  Record  in  this  State. 

Sec.  28.  The  Superior  Court  of  Baltimore  city  shall  have 
all  the  power  and  jurisdiction  heretofore  conferred  upon  and 
exercised  by  the  Superior  Court  and  the  Court  of  Common 
Pleas  of  Baltimore  city,  (except  the  equity  powers  of  the  Su¬ 
perior  Court,)  subject  to  such  modifications  as  may  be  made 
by  law,  and  the  Judges  shall  so  apportion  and  distribute  the 
business  of  their  Court  as  shall  best  facilitate  the  dispatch  of 
business  and  promote  the  ends  of  justice. 

Sec.  29.'  Either  of  said  Judges  may  sit  alone  for  the  trial 
of  causes  appealed  from  the  decisions  of  Justices  of  the  Peace, 


421 


for  the  disposition  of  all  formal  and  uncontested  business,  and 
such  other  business  as  the  parties  litigant  shall  consent  to  try 
before  a  single  Judge;  but  it  shall  be  the  right  of  any  party 
to  an  original  cause  pending  in  said  Court  under  such  rules 
and  regulations  as  the  Court  may  prescribe,  to  require  the 
presence  of  at  least  two  of  the  Judges  of  said  Court  at  the  trial 
thereof. 

Sec.  30.  The  Circuit  Court  of  Baltimore  city  shall  have  all 
the  jurisdiction  and  authority  heretofore  exercised  by  t he 
Criminal  Court  and  the  Circuit  Court  of  Baltimore  city,  or 
which  may  hereafter  be  prescribed  by  law  ;  and  the  Judges 
shall  apportion  and  distribute  the  business  of  their  Court  in 
such  a  manner  as  shall  best  facilitate  the  dispatch  of  business 
and  promote  the  ends  of  justice. 

Sec.  31.  One  of  the  Judges  of  said  Court  shall  sit  as  Chief 
Judge  of  the  Orphans’  Court  of  the  city  of  Baltimore,  and 
either  of  the  Judges  may  sit  alone  in  either  department  of 
the  business  of  said  Court,  but  it  shall  be  the  right  of  any 
party  to  an  issue  pending  in  said  Court,  under  such  rules  as 
the  Court  shall  fix,  to  require  the  presence  of  at  least  two  of 
the  Judges  at  the  trial  thereof;  and  no  order  for  an  injunction 
or  the  appointment  of  a  receiver  shall  be  passed  without  the 
concurrence  of  at  least  two  of  the  Judges  therein. 

Sec.  32.  Each  of  said  Judges  shall  receive  an  annual  salary 
of  three  thousand  five  hundred  dollars,  payable  quarterly. 

Sec.  33.  There  shall  be  a  Clerk  of  the  Superior  Court  and 
a  Clerk  of  the  Circuit  Court  of  Baltimore  city,  who  shall  be 
elected  by  the  qualified  voters  of  the  city  of  Baltimore,  hold 
their  respective  offices  for  the  term  of  six  years,  and  until  a 
new  election  is  held  and  his  successor  duly  qualified,  and  be 
re-eligible  thereto/  but  removable  by  the  Judges  of  the  Court 
of  which  they  are  respectively  Clerks,  for  incompetency,  wil¬ 
ful  neglect  of  duty,  misdemeanor  in  office,  and  such  other 
causes  as  may  be  prescribed  by  law. 

Sec.  34.  The  Judges  of  the  Superior  Court  as  herein  consti¬ 
tuted,  shall  designate  as  Clerk  of  said  Court,  in  their  discretion, 
either  the  Clerk  of  the  present  Superior  Court,  or  the  Clerk 
of  the  Court  of  Common  Pleas,  and.  the  person  so  designated 
as  Clerk  shall  continue  to  act  as  such  until  the  end  of  the 
time  for  which  he  was  elected;  the  other  of  said  Clerks  shall, 
until  the  end  of  the  time  for  which  he  was  elected,  continue 
to  act  as  Clerk  in  that  department  of  the  business  of  the  Su¬ 
perior  Court  which,  in  the  judgment  of  the  Judges  of  said 
Court,  nearest  corresponds  to  the  business  of  the  Court  of 
which  he  was  elected  Clerk,  and  shall  receive  the  fees  and 


422 


emoluments  pertaining  thereto  as  he  would  have  done  if  said 
Court  had  continued  an  independent  Court;  and  the  Judges 
of  said  Superior  Court  shall  make  such  rules  and  regulations 
as  may  he  found  necessary  to  give  full  force  and  effect  to  this 
provision. 


Sec.  35.  The  Clerk  of  the  Superior  Court  shall  have  the 
custody  of  all  dockets,  records  arid  papers  now  in  the  custody 
of  the  Clerk  of  the  Superior  Court  or  Court  of  Common  Pleas, 
and  of  all  such  other  dockets,  records  and  papers  as  he  may 
hereafter  he  required  hy  law  or  by  the  Judges  of  the  said 
Court  to  take  custody  of,  and  shall  receive  and  record  all  deeds 
and  other  papers  required  hy  law  to  he  recorded  in  said  city, 
and  not  otherwise  provided  for  ;  he  shall,  unless  the  General 
Assembly  shall  provide  a  different  mode,  issue  all  marriage 
and  other  licenses  required  hy  law,  and  discharge  all  the  du¬ 
ties  and  be  subject  to  all  the  obligations  heretofore  discharg¬ 
ed  hy  or  imposed  upon  the  Clerk  of  the  Superior  Court  and 
the  Clerln bf  the  Court  of  Common  Pleas,  subject  to  such  modi¬ 
fications  thereof  as  may  be  made  by  law  or  by  the  Judges  of 
his  said  Court. 


Sec.  36.  The  Clerk  of  the  Circuit  Court  of  Baltimore  city 
shall  have  the  custody  of  all  the  dockets,  records  and  papers 
now  in  the  office  and  custody  of  the  Clerk  of  the  Circuit 
Court  of  Baltimore  city,  and  of  the  Clerk  of  the  Criminal 
Court  of  Baltimore  city,  and  of  all  dockets,  records,  and 
papers  hereafter  pertaining  to  the  business  of  the  said  Cir¬ 
cuit  Court  as  hereby  constituted,  or  which  he  may  be  requir¬ 
ed  by  law,  or  by  the  Judges  of  said  Court  to  take  custody  of. 
He  shall  discharge  all  the  duties  pertaining  to  the  office  of 
Clerk  of  said  Court,  or  which  have  heretofore  been  imposed  by 
law  upon  the  Clerks  of  the  Circuit,  or  Criminal  Court  of  Balti¬ 
more  city,  or  which  may  hereafter  be  imposed  by  law  or  re¬ 
quired  by  the  Judges  of  his  said  Court.  And  the  present 
Clerk  of  the  Criminal  Court  of  Baltimore  city  shall  be  Clerk 
of  the  Circuit  Court  as  hereby  constituted  until  the  end  of 
the  time  for  which  he  was  elected  Clerk  of  said  Criminal 
Court. 


.  PART  YI. 

Justices  of  the  Peace. 

Sec.  37.  The  Judges  of  the  Circuit  Courts  shall  appoint  in 
each  Election  District  of  the  several  counties  composing  their 
respective  Circuits,  and  the  Judges  of  the  Superior  Court 
and  of  the  Circuit  Court  of  Baltimore  city,  by  concurrent  ac¬ 
tion,  shall  appoint  in  the  city  of  Baltimore  such  number  of 
Justices  of  the  Peace  as  the  wants  and  interests  of  the  people 


423 


may  require.  They  shall  certify  their  appointment  so  made 
to  the  Governor,  by  whom  the  appointees  shall  be  commis¬ 
sioned  as  Justices  of  the  Peace  of  the  State  of  Maryland,  in 
and  for - county  and  city.  The  Justices  so  ap¬ 

pointed  and  commissioned  shall  he  conservators  of  the  peace, 
shall  hold  their  office  for  two  years,  and  shall  have  such 
jurisdiction,  duties  and  compensation,  subject  to  such  right 
of  appeal  as  hath  been  heretofore  exercised  or  shall  be  here¬ 
after  prescribed  by  law. 

PART  VII. 

Sheriffs,  &c. 

Sec.  38.  There  shall  be  elected  in  each  county  and  the  city 
of  Baltimore,  in  every  second  year,  one  person  resident  in 
said  county  or  city,  above  the  age  of  twenty-five  years,  and 
at  least  five  years  preceding  his  election  a  citizen  oi  this  State, 
to  the  office  of  Sheriff.  He  shall  hold  his  office  for  two  years 
and  until  his  successor  is  duly  qualified,  and  shall  be  ineligi¬ 
ble  for  two  years  thereafter,  shall  give  such  bond,  exercise 
such  powers,  and  perform  such  duties  as  now  are  or  may 
hereafter  be  fixed  by  law.  In  case  of  a  vacancy  by  death, 
refusal  to  serve  or  neglect  to  qualify  or  give  bond,  by  dis¬ 
qualification  or  removal  from  the  county  or  city,  the  Circuit 
Court  shall  appoint  a  person  to  be  Sheriff  for  the  remainder 
of  the  official  term. 

Sec.  39.  Coroners,  Elisors  and  Notaries  Public  may  be  ap¬ 
pointed  for  each  county  and  the  city  of  Baltimore,  in  the 
manner,  lor  the  purposes,  and  with  the  powers  now  fixed  or 
which  may  hereafter  be  prescribed  by  Idw. 

Which  was  read  the  first  time. 

Mr.  Stockbridge  moved  to  make  the  Report  the  Order  of 
the  Day  for  Friday  next,  at  12  o’clock  ; 

Mr.  Sands  moved  to  make  it  the  Order  of  the  Day  for 
Tuesday  next ; 

Mr.  Valliant  moved  to  make  it  the  Order  of  the  Day  for 
Wednesday  next ; 

The  question  being  on  the  adoption  of  the  motion  sub¬ 
mitted  by  Mr.  Stockbridge  ; 

The  question  was  taken,  on  a  division  no  quorum  voting, 
On  motion  of  Mr.  Sands, 

The  Convention  adjourned  until  Monday  10  o’clock. 


424 


% 


MONDAY,  August  8th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Belt,  Berry,  of  Baltimore  county,  Berry, 
Prince  George’s,  Billingsley,  Blackiston,  Briscoe,  Carter, 
Chambers,  Crawford,  Dail,  Davis,  of  Charles,  Dennis,  Dent, 
Gale,  Harwood,  Henkle,  Hodson,  Hoffman,  Horsey,  Johnson, 
Jones,  of  Cecil,  Jones,  of  Somerset,  Keeler,  Kennard, 
Lansdale,  Larsh,  Mace,  Marbury,  Miller,  Mullikin,  Negley, 
Noble,  Peter,  Pugh,  Ridgely,  Schlosser,  Smith,  of  Carroll, 
Smith,  of  Dorchester,  Thruston,  Turner,  Wilmer — 42. 

The  proceedings  of  Saturday  were  read  and  approved. 

On  motion  of  Mr.  Brown, 

It  was  ordered  to  be  entered  on  the  Journal,  that  Mr. 
Horsey  is  detained  from  his  seat  in  the  Convention  by  sick¬ 
ness. 

On  motion  of  Mr.  Edelen, 

It  was  ordered  to  be  entered  on  the  Journal,  that  Mr. 
Davis,  of  Charles,  is  detained  from  his  seat  in  this  body  by 
severe  indisposition. 

The  President  laid  before  the  Convention  the  following 
communication  : 

IIon.  H.  H.  Goldsborough,  Pres.,  &c. 

Dear  Sir: — A  necessary  absence  from  home  extending  pro¬ 
bably  through  the  month,  will  prevent  me  from  dischargin 
my  duties  as  Chaplain  to  the  Constitutional  Convention, 
therefore  respectfully  ask  to  be  excused  from  any  further  re¬ 
sponsibility  in  the  matter. 

Thanking  the  Convention  for  the  honor  they  have  done  me 
in  appointing  me  as  one  of  their  Chaplains. 

I  remain, 

Yours  with  great  respect, 

J.  R.  Davenport, 

Rector  of  St.  Anne’s  Parish. 

Annapolis,  Aug.  6,  ’64. 

Which  was  read. 


425 


The  unfinished  business  of  Saturday’s  session,  being  the 
motion  of  Mr.  Stockbridge,  to  make  the  Report  of  the  Com¬ 
mittee  on  the  Judiciary  the  Order  of  the  Day  for  Friday 
next, 

Was  taken  up. 

Mr.  Thomas  moved  to  amend  by  inserting  “Friday 
week 

Decided  in  the  negative. 

Mr.  Duvall  moved  to  amend  by  inserting  “Monday  next 

Decided  in  the  negative. 

The  question  recurring  upon  the  amendment  of  Mr.  Stock- 
bridge  ; 

It  was  decided  in  the  negative. 

The  question  next  being  on  the  amendment  of  Mr.  Val- 
liant  to  make  the  Report  the  Order  of  the  Day  for  Wednes¬ 
day  next,  at  12  o’clock  ; 

It  was  decided  in  the  affirmative. 

The  report  of  the  Committee  on  the  Tenure  of  Office,  Du¬ 
ties  and  Compensation  of  Civil  Offices,  &c. 

Was  taken  up. 

The  Convention  proceeded  to  the  consideration  of  the  second 
section,  which  had  been  informally  passed  over. 

Mr.  Thomas  submitted  the  following  amendment: 

Sec.  2,  line  twelve,  strike  out  the  words  “eighteen  hundred” 
and  insert  the  words  “two  thousand;” 

The  question%being  on  the  adoption  of  the  amendment, 

Mr.  Davis,  of  Washington,  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 


Affirmative. 

Greene, 


Scott, 

Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 


Goldsborough,  IJ,t  Hebb 


Barron, 

Bond, 

Brooks, 

Clarke, 


McComas, 

Mitchell, 

Nyman, 

Parker, 


54 


426 


Cusliing, 

Dellinger, 

Earle, 

Edelen, 

Galloway, 


Purnell, 

Robinette, 

Russell, 

Sands, 


Negative. 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Brown, 

Cunningham, 

Daniel, 

Davis,  of  Wash., 
Duvall, 


Ecker, 

Farrow, 

Hatch, 

Hollyday, 

Hopkins, 

Hopper, 

King, 

Lee, 


Sykes, 

Thomas, 

Todd, 

Yalliant — 30. 


Markey, 

Mayhugh, 

Morgan, 

Murray, 

Parran, 

Schley, 

Wickard, 

Wooden — 24. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  Convention  then  proceeded  to  the  consideration  of  the 
4th  section,  which  had  been  informally  passed  over. 

✓ 

Mr.  Scott  submitted  the  following  amendments  : 

Sec.  4.  Strike  out  all  after  “the”  in  the  first  line  to  the 
word  “styled”  in  the  second  line;  also  the  word  “and”  in  the 
second  line,  and  the  words  “and  not  by  districts”  in  the  third 
line; 

Decided  in  the  affirmative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

On  motion  of  Mr.  Stockbridge, 

The  Convention  took  up  for  consideration  the  report  of  the 
Committee  on  the  Rights,  Duties,  Divisions  and  Sub-divisions 
of  Counties. 

« 

Mr.  Duvall  submitted  the  following  amendment : 

Sec.  1,  line  four,  after  the  word  “limits”  insert  the  words 
“of  the  counties;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Duvall  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

427 

Affirmative. 

Davis,  of  Wash. , 

Mitchell, 

Goldsborough,  P’t 

Dellinger, 

Morgan , 

Barron, 

Duvall, 

Nyman, 

Parker, 

Bond, 

Edelen, 

Brooks, 

Plollyday, 

Parran, 

Thomas, 

Brown, 

King, 

Clarke, 

Lee, 

Wickard — 20. 

Messrs. 

Negative. 

Hatch, 

Schley, 

Abbott, 

Hebb, 

Scott, 

Annan, 

Hopkins, 

Smith,  of  Wor., 

Audoun, 

Hopper, 

Markey, 

Sneary, 

Cunningham, 

Stirling, 

Cushing, 

May  hug  h, 

Stockbridge, 

Daniel, 

McComas, 

Swope, 

Sykes, 

Earle, 

Murray, 

Ecker, 

Purnell, 

Todd, 

Earrow, 

Eobinette, 

Valliant, 

Galloway, 

Bussell, 

Wooden — 33. 

Greene, 

Sands, 

So  the  question  upon  its  adoption 

was  decided  in  the 

negative. 

m 

Mr.  Hebb  submitted  the  following  amendment : 


Sec.  1,  line  three,  after  the  word  ‘ ‘lines”  insert,  ‘‘and  all 
such  laws  shall  before  taking  affect,  be  submitted  to  the  voters 
of  the  several  counties  to  be  affected  thereby,  and  be  adopted 
by  a  majority  of  all  the  legal  voters  voting  on  the  question  in 
each  of  said  counties.'7 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Duvall  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs.  Edelen, 

Goldsborough,  P’ t  Galloway, 
Bond,  Greene, 

Brown,  Hebb, 

Clarke,  Holly  day, 

Davis,  of  Wash.,  King, 
Dellinger,  Lee, 


Murray, 

Hyman, 

Parran, 

Purnell, 

Schley, 

Scott, 

Smith,  of  Wor., 


428 


Duvall, 

Mitchell, 

Sneary, 
Wickard — 27. 

Earle, 

Ecker, 

Morgan, 

Negative. 

essrs. 

Hatch, 

Sands, 

Stirling, 

Abbott, 

Hopkins, 

Annan, 

Hopper, 

Markey, 

Stockbridge, 

Audoun, 

Swope, 

Barron, 

Mayhugh, 

Sykes, 

Brooks, 

McComas, 

Thomas, 

Cunningham, 

Parker, 

Todd, 

Cushing, 

Robinette, 

Valliant, 

Daniel, 

Russell, 

Wooden — 26. 

So  the  question  upon  its  adoption  was  decided  in  the  affirma¬ 
tive. 

On  motion  of  Mr.  Ecker, 

The  vote  last  taken  was  reconsidered, 

The  question  again  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Hebb, 

It  was  decided  in  the  negative,  by  yeas  and  nays  as  fol- 


lows : 

Affirmative. 

Messrs. 

Galloway, 

Nyman, 

Goldsborough,  Pt. 

Greene, 

Parian, 

Bond, 

Hebb, 

Purnell, 

Brown, 

Hollyday, 

Robinette, 

Clarke, 

King, 

Schley, 

Davis,  of  Wash., 

Lee, 

Scott, 

Dellinger, 

Mitchell, 

Smith,  of  Wor., 

Duvall, 

Morgan, 

Sneary, 

Earle, 

Edelen, 

Murray, 

Negative. 

Wickard — 27. 

Messrs. 

Farrow, 

Sands, 

Abbott, 

Hatch, 

Stirling, 

Annan, 

Audoun, 

Hopkins, 

Stockbridge, 

Hopper, 

Swope, 

Barron, 

Brooks, 

Markey, 

Sykes, 

Thomas, 

Mayhugh, 

Cunningham, 

McComas, 

Todd, 

Cushing, 

Parker, 

Valliant, 

Daniel, 

Ecker, 

Russell, 

.  Wooden — 27- 

429 


Mr.  King  submitted  the  following  amendment : 

Sec.  1,  line  one,  strike  out  the  word  “shall,”  and  insert 
the  word  “may 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Sec.  1.  Insert  in  line  three,  after  the  word  “organized,” 
the  words  “nor  the  lines  between  any  counties  changed  ;” 

Decided  in  the  negative. 

Mr.  Scott  submitted  the  following  amendment : 

Sec.  2.  Strike  out  from  the  word  “Assembly,”  in  the  first 
line,  to  the  word  “the,”  in  the  second  line,  and  insert  the 
words  “shall  by  general  law  authorize  the  County  Commis¬ 
sioners  to  divide  ;” 

Decided  in  the  negative. 

Mr.  Ecker  submitted  the  following  amendment : 

Sec.  2,  line  one,  strike  out  the  word  “may/’  and  insert  the 
word  “shall ;” 

Decided  in  the  affirmative. 

Mr.  Scott  submitted  the  following  amendment : 

Section  2.  After  the  word  “shall,”  in  the  first  line,  insert 
the  words  “at  its  first  session  after  the  adoption  of  this  Con¬ 
stitution  ;” 

Decided  in  the  negative. 

The  Report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

On  motion  of  Mr.  Dellinger, 

The  Convention  took  a  recess  until  this  evening  at  8 
o'clock. 


430 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

Messrs.  Baker,  Barron,  Beit,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Bond, 
Briscoe,  Carter,  Chambers,  Clarke,  Crawford,  Dail,  Davis,  of 
Charles,  Dennis,  Dent,  Duvall,  Gale,  Harwood,  Hatch, 
Henkle,  Ilodson,  Hoffman,  Hopkins,  Horsey,  Johnson, 
Jones,  of  Cecil,  Jones,  of  Somerset,  Keefer,  Kennard,  Lans- 
dale,  Larsh,  Mace,  Marbury,  Miller,  Morgan,  Mullikin, 
Negley,  Noble,  Peter,  Ridgely,  Schlosser,  Smith,  of  Carroll, 
Smith,  of  Dorchester,  Stock  bridge,  Sykes,  Thomas,  Thrus- 
ton,  Turner,  Valliant,  Wilmer,  Wooden — 53. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Cunningham, 

The  Convention  adjourned. 


TUESDAY,  August  9th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

.  All  the  members  present  except  the  following  : 

Messrs.  Barron,  Belt,  Berry,  of  Baltimore  county,  Berry, 
of  Prince  George’s,  Billingsley,  Blackiston,  Briscoe,  Carter, 
Chambers,  Crawford,  Dail,  Dent,  Duvall,  Gale,  Harwood, 
Henkle,  Hod  son,  Horsey,  Johnson,  Jones,  of  Cecil,  Jones, 
of  Somerset,  Lansdale,  Mace,  Marbury,  Morgan,  Negley, 
Noble,  Peter,  Schlosser,  Smith,  of  Carroll,  Thomas,  Thrus- 
ton,  Turner,  Wilmer — 31. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  King  gave  notice  that  on  to-mcrrow  he  would  move  to 


431 


rescind  the  order  passed  July  21,  by  which  the  Convention 
determined  to  hold  evening  sessions. 

The  resolution  submitted  by  Mr.  Belt,  on  Saturday,  in  re¬ 
lation  to  the  disqualification  of  certain  members  of  the  Con¬ 
vention, 

Was  taken  up. 

On  motion  of  Mr.  Miller. 

✓ 

Said  resolution  was  postponed  until  the  consideration  of  the 
report  of  the  Committee  on  Elections. 

Mr.  Sands,  from  the  Committee  on  the  Elective  Franchise, 
submitted  the  following 

o 

BE POET : 

The  Committee  on  the  Elective  Franchise  and  Qualification 
of  Voters,  beg  leave  respectfully  to  report  the  following  sec¬ 
tions,  to  be  inserted  in  Article  I  of  the  Constitution,  entitled 
“Elective  Franchise 

ARTICLE  I. 

Elective  Franchise. 

Section  1.  Every  white  male  person  of  twenty-one  years  of 
age,  or  upwards,  who  shall  have  been  one  year  next  preced¬ 
ing  the  election  a  resident  of  the  State,  and  for  six  months  a 
resident  of  the  city  of  Baltimore,  or  of  any  county  in  which 
he  may  offer  to  vote,  and  being  at  the  time  of  the  election  a 
loyal  citizen  of  the  United  States,  shall  be  entitled  to  vote  in 
the  ward  or  election  district  in  which  he  resides,  in  all  elec¬ 
tions  hereafter  to  be  held,  and  every  free  white  male  person 
of  twenty  one  years  of  age,  and  upwards,  who  shall  have 
been  one  year  next  preceding  the  election  a  resident  of  the 
State,  and  for  six  months  a  resident  of  the  city  of  Baltimore, 
or  of  any  county  in  the  State,  and  being  at  the  time  of  the 
election  in  the  naval  or  military  service  of  the  United  States, 
shall,  when  the  United  States  are  actually  engaged  in  war, 
be  entitled  to  vote  wherever  they  may  be,  for  any  and  all 
officers  to  be  elected  under  the  Constitution  of  this  State  or  of 
the  United  States,  and  the  Legislature  is  hereby  required  to 
provide  the  means  necessary  to  carry  this  provision  into  full 
and  complete  operation  and  effect ;  and  at  all  such  elections 
the  vote  shall  be  by  ballot.  And  in  case  any  county  or  city 
shall  be  so  divided  as  to  form  portions  of  different  electoral 
districts  for  the  election  of  Congressmen,  Senator,  Delegate, 
or  other  officer  or  officers,  then  to  entitle  a  person  to  vote  for 
such  officer,  he  must  have  been  a  resident  of  that  part  of  the 


432 


county  or  city  which  shall  form  a  part  of  the  electoral  dis¬ 
trict  in  which  he  offers  to  vote,  for  six  months  next  preceding 
the  election  ;  but  a  person  who  shall  not  have  acquired  a 
residence  in  such  county  or  city,  entitling  him  to  vote  at  any 
such  election,  shall  be  entitled  to  vote  in  the  election  district 
from  which  he  removed,  until  he  shall  have  acquired  a  resi¬ 
dence  in  the  part  of  the  county  or  city  to  which  he  has  re¬ 
moved. 

Sec.  2.  No  person  who  has  at  any  time  been  in  armed  re¬ 
bellion  against  the  Government  of  the  United  States  or  the 
lawful  authorities  thereof,  or  who  has  been  in  any  way  or 
manner  in  the  service  of  the  so  called  “Confederate  States  of 
America,”  shall  ever  thereafter  be  entitled  to  vote  at  any 
election  to  be  held  in  this  State,  or  to  hold  any  office  of  honor, 
profit  or  trust  under  the  laws  thereof,  unless  such  person  has 
been  pardoned  by  the  President  of  the  United  States,  and  has 
fully  complied  with  the  requisitions  of  said  pardon. 

Sec.  3.  If  any  person  shall  give  or  offer  to  give  directly  or 
indirectly,  any  bribe,  present,  or  reward,  or  any  promise,  or 
any  security  for  the  payment,  or  delivery  of  money  or  any 
other  thing  to  induce  any  voter  to  refrain  from  casting  his 
vote,  or  forcibly  to  prevent  him  in  any  way  from  voting,  or 
to  procure  a  vote  for  any  candidate  or  person  proposed  or  vo¬ 
ted  for  as  elector  of  President  and  Vice  President  of  the  Uni¬ 
ted  Slates,  o>’  representative  in  Congress,  or  for  any  office  of 
profit  or  trust  created  by  the  Constitution  or  laws  of  this  State, 
or  by  the  ordinances  or  authority  of  the  Mayor  and  City  Coun¬ 
cil  of  Baltimore,  the  person  giving  or  offering  to  give,  and  the 
person  receiving  the  same,  and  any  person  who  gives  or  causes 
to  he  given  an  illegal  vote  knowing  it  to  he  such  at  any  elec¬ 
tion  to  be  hereafter  held  in  this  State,  shall  on  conviction  in 
a  Court  of  Law,  in  addition  to  the  penalties  now  or  hereafter 
to  be  imposed  by  law,  be  forever  disqualified  to  hold  any 
office  of  profit  or  trust  or  to  vote  at  any  election  thereafter. 

Sec.  4.  It  shall  he  the  duty  of  the  General  Assembly  to 
pass  laws  to  punish  with  fine  and  imprisonment  any  person 
who  shall  remove  into  any  election  district  or  precinct  of  any 
ward  of  the  city  of  Baltimore,  not  for  the  purpose  of  acquiring 
a  bona  fide  residence  therein,  but  for  the  purpose  of  voting  at 
an  approaching  election,  or  who  shall  vote  in  any  election 
district  or  ward  in  which  he  does  not  reside,  (except  in  the 
case  provided  for  in  the  first  article  of  the  Constitution)  or 
shall  at  the  same  election  vote  in  more  than  one  election  dis¬ 
trict  or  precinct,  or  shall  vote  or  offer  to  vote  in  any  name  not 
his  own,  or  in  place  of  any  other  person  of  the  same  name,  or 
shall  vote  in  any  county  in  which  he  does  not  reside. 


433 


Sec.  5.  Every  person  elected  or  appointed  to  any  office  of 
trust  or  profit  under  the  Constitution  or  laws  made  pursuant 
thereto,  before  he  shall  enter  upon  the  duties  of  such  office 
shall  take  and  subscribe  the  following  oath  or  affirmation  : 
I  do  swear  (or  affirm,  as  the  case  may  be,)  that 

I  will  support  the  Constitution  of  the  United  Slates,  and  that 
I  will  be  faithful  and  bear  true  allegiance  to  the  United 
States  and  to  the  State  of  Maryland,  and  support  the  Con¬ 
stitution  and  laws  thereof,  and  that  I  will,  to  the  best  of  my 
skill  and  judgment,  diligently  and  faithfully,  without  parti¬ 
ality  or  prejudice,  execute  the  office  of  according 

to  the  Constitution  and  laws  of  this  State,  and  that  since  the 
adoption  of  the  present  Constitution,  I  have  not  in  any  man¬ 
ner  violated  the  provisions  thereof  in  .relation  to  bribery  of 
voters  or  preventing  legal  or  procuring  illegal  votes  to  be 
given  ;  (and  if  a  Governor,  Senator,  Member  of  the  House  of 
Delegates  or  Judge,)  that  I  will  not  directly  or  indirectly  re¬ 
ceive  the  profits  or  any  part  of  the  profits  of  any  other  office 
during  the  time  of  my  acting  as  I  do  fur¬ 

ther  swear  that  I  will  support  the  Constitution  of  the  United 
States,  and  will  be  faithful  and  bear  true  allegiance  to  the 
United  States  and  the  Government  thereof,  and  to  the  State 
of  Maryland,  any  law  or  ordinance  of  any  State  to  the  con¬ 
trary  notwithstanding,  and  that  I  have  never,  either  directly 
or  indirectly,  by  word,  act  or  deed,  given  any  aid,  comfort  or 
encouragement  to  those  in  rebellion  against  the  Government 
of  the  United  States  or  the  lawful  authorities  thereof ;  and 
all  this  I  swear  voluntarily,  without  any,  the  least,  mental 
equivocation,  reservation  or  qualification  whatsoever,  so  help 
me  God.  And  if  any  person  elected  or  appointed  to  office  as 
aforesaid,  shall  refuse  or  neglect  to  take  the  said  oath  or  af¬ 
firmation,- he  shall  be  considered  as  having  refused  to  accept 
the  said  office,  and  a  new  election  or  appointment  shall  be 
made  as  in  case  of  refusal  or  resignation,  and  any  person 
swearing  or  affirming  falsely  in  the  premises,  shall,  on  con¬ 
viction  thereof  in  a  court  of  law  incur  the  penalteis  for  wilful 
and  corrupt  perjury,  and  be  thereafter  incapable  of  voting  at 
any  election,  and  also  incapable  of.  holding  any  office  of 
profit  or  trust  in  this  State. 

Sec.  6.  That  no  person  above  the  age  of  twenty-one  years, 
convicted  of  larceny  or  other  infamous  crime,  unless  he  shall 
be  pardoned  by  the  Executive,  shall  ever -thereafter  be  enti¬ 
tled  to  vote  at  any  election  in  this  State,  and  no  person  under 
guardianship  as  a  lunatic,  or  a  person  non  compos  mentis, 
shall  be  entitled  to  vote.  George  W.  Sands, 

David  Scott, 

Thomas  Russell, 

i  Jonas  Ecker. 

55 


434 


Which  was  read  the  first  time. 

Mr.  Brown  gave  notice  that  he  would  submit  a  minority 
report. 

Mr.  Scott  gave  notice  that  at  the  proper  time  he  would  sub¬ 
mit  the  following  amendment  to  the  first  section  : 

“All  elections  shall  he  by  ballot,  and  every  white  male  citi¬ 
zen  of  the  United  States  of  the  age  of  twenty  one  years  or 
upwards,  who  shall  have  resided  in  the  State  one  year  next 
preceding  the  election,  and  six  months  in  the  city  of  Balti¬ 
more  or  in  any  county,  shall  be  entitled  to  be  registered  as  a 
legal  voter  ;  and  such  registration  together  with  the  muster 
rolls  of  all  such  soldiers  as  may  be  entitled  to  registration  in 
the  State,  shall  be  held  and  taken  as  the  only  evidence  of 
qualification  to  vote  at  any  election  hereafter,  and  the  Gen¬ 
eral  Assembly  shall  by  law  provide  for  the  registration  of 
voters,  and  for  holding  elections  for  receiving  the  votes  of 
soldiers  in  the  army  of  the  United  States  ;  provided,  that  no 
person  who  has  been  in  armed  rebellion  against  the  United 
States,  or  who  has  given  aid  and  comfort  to  those  thus  in  re¬ 
bellion  against  the  lawful  authority  thereof  by  enlisting  men 
for  the  Rebel  Army,  or  by  sending  arms,  munitions  of  war, 
money,  vessels,  clothing,  provisions  or  goods  of  any  kind  ; 
or  letters  or  papers,  or  any  written  or  printed  matter,  into 
the  rebel  lines  for  the  use  or  benefit  of  those  thus  in  armed 
rebellion  against  the  United  States,  shall  ever  he  registered 
among  the  legal  voters  of  the  State,  but  shall  be  forever  dis¬ 
qualified  from  voting  and  from  holding  any  office  of  honor, 
trust  or  profit  in  the  State.7’ 

Mr.  Earle,  from  the  Committee  on  Engrossment  and  Revi¬ 
sion  submitted  the  following 

REPORT: 

The  Committee  on  Engrossment  and  Revision  report,  that 
that  they  have  examined  the  engrossed  qopy  of  the  Declara¬ 
tion  of  Rights. 

The  word  “at”  should  be  inserted  after  the  word  “and” 

in  the  first  line  of  the  30tli  Article. 

• 

And  the  word  “persons,”  in  the  thirteenth  line  of  the 
36th  Article  should  be  “person.” 

The  Committee  recommend  that  the  46th  Article  be  united 
with  the  40th  Article. 

The  40th  Article  would  then  read,  “that  the  liberty  of  the 
press  ought  to  be  inviolably  preserved,  and  every  citizen 


435 


ought  to  be  allowed  to  speak,  write  arid  publish  bis  senti¬ 
ments,  being  responsible  lor  the  abuse  of  that  liberty. 

George  Earle,  Chairman. 

Which  was  read. 

The  Report  of  the  Committee  on  Elections, 

Was  then  taken  up. 

Mr.  Daniel  moved  to  postpone  the  further  consideration  of 
the  report  until  Friday  next. 

Decided  in  the  negative. 

The  question  recurring  upon  concurring  in  the  report  of 
the  Committee. 

Mr.  Pugh  called  the  previous  question  ; 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  again  recurring  upon  concurring  in  the  report 
of  the  Committee  on  Elections, 

Mr.  Davis,  of  Charles,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


essrs. 

Harwood, 

Parran, 

Abbott, 

Hatch, 

Pugh, 

Annan, 

Hebb, 

Purnell, 

Audoun, 

Hoffman, 

Ridgely, 

Baker, 

Hollyday, 

Robinette, 

Bond, 

Hopkins, 

Russell, 

Brooks, 

Hopper, 

Sands, 

Brown, 

Keefer, 

Schley, 

Cunningham, 

Kennard, 

Scott, 

Cushing, 

King, 

Smith,  of  Dor. 

Davis,  of  Wash., 

Larsh, 

Smith,  of  Wor. 

Dellinger, 

Markey, 

Stirling, 

Dennis, 

Mayhugh, 

Swope, 

Earle, 

McComas, 

Sykes, 

Ecker, 

Mitchell, 

Todd, 

Edelen, 

Mullikin, 

Valliant, 

436 


Farrow, 

Murray, 

Wickard, 

Galloway, 

Greene, 

Nyman, 

Wooden — 55. 

Negative. 

Messrs. 

Lee, 

Parker — 4. 

Davis,  of  Charles, 

Miller, 

m 

So  the  question  upon  concurring  was  decided  in  the 
affirmative. 

Mr.  Dellinger  moved  to  indefinitely  postpone  the  preamble 
and  resolutions  submitted  by  Mr.  Belt. 

Mr.  Edelen  moved  to  postpone  until  Wednesday  next. 

The  question  being  on  the  adoption  of  the. motion  of  Mr. 
Dellinger, 

0  7  * 

It  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Stockbridge, 

The  Convention  proceeded  to  the  consideration  of  the  Report 
of  the  Committee  on  the  Education  ; 

Mr.  Todd  submitted  the  following  amendment: 

Sec.  1,  line  five,  strike  out  the  words  ‘Three  thousand;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Davis,  of  Washington,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Goldsborough,  P’t 
Annan, 

Bond, 

Brown, 

Daniel, 

Davis,  of  Charles, 
Davis,  of  Wash., 
Ecker, 

Edelen, 

Galloway, 

Hoffman, 


Holly  day, 

Hopkins, 

Hopper, 

Keefer, 

King, 

Larsh, 

Lee, 

Markey, 

May  h  ugh, 

Me  Co  mas, 

Mitchell, 

Miller, 


Mullikin, 

Murray, 

Nyman, 

Parran, 

Purnell, 

Robinette, 

Sands, 

Smith,  of  Wor., 
Swope, 

Sykes, 

Todd, 

Wickard — 35. 


437 


• 

Messrs. 

Negative. 

Earle, 

Riilgely, 

Abbott, 

Farrow, 

Bussell, 

Audoun, 

Greene, 

Schley, 

Baker, 

Brooks, 

Harwood, 

Scott, 

Hatch, 

Smith,  of  Dor., 

Cunningham, 

Hebb, 

Stirling, 

Cushing, 

Kennard, 

Stockbridge, 

Dellinger, 

Parker, 

Yalliant, 
Wooden — 26. 

Dennis, 

Pugh, 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Davis,  of  Washington,  moved  to  insert  in  the  blank 
made  the  words  4 ‘two  thousand.” 

Mr.  Hebb  moved  to  insert  “twenty-five  hundred.” 

The  question  being  on  the  adoption  of  the  motion  of  Mr. 
Hebb, 

Mr.  Davis,  of  Washington,  demanded  the  yeas  and  nays; 
The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Messrs. 

Affirmative. 

Galloway, 

Murray, 

Golds  borough,  P’t 

Greene, 

Harwood, 

Parker, 

Abbott, 

Pugh, 

Audoun, 

Hatch, 

Bid  gel  y, 

Baker, 

Hebb, 

Russell, 

Brooks, 

Hoffman, 

Sell  ley, 

Cunningham, 

Holly  day, 

Scott, 

Cushing, 

Hopkins, 

Hopper, 

Smith,  of  Dor., 

Daniel, 

Smith,  of  Wor., 

Dellinger, 

Kennard, 

Stirling, 

Dennis, 

King, 

Larsh, 

McCoraas, 

Stockbridge, 

Earle, 

Sykes, 

Ecker, 

Valliant, 

Farrow, 

Mullikin, 

Wooden — 41. 

Messrs. 

Negative. 

Keefer, 

Parran, 

Annan, 

Lee, 

Purnell, 

Bond, 

Markey, 

Robinette, 

Brown. 

IViayhugh, 

Sands, 

438 


Davis,  of  Charles,  Mitchell,  .Swope, 

Davis,  of  Wash.,  Miller,.  Todd, 

Edelen,  Nyman,  Wickard — 20. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Miller  submitted  the  following  amendment : 

Sec.  1,  lines  five  and  six,  strike  out  the  words  “exclusive  of 
office  and  traveling  expenses,”  and  insert,  “and  such  addi¬ 
tional  sum  for  traveling  and  incidental  expenses  as  the  Gen¬ 
eral  Assembly  may  by  law  allow.” 

Mr.  Purnell  submitted  the  following  amendment  to  the 
amendment : 

Amend  by  striking  out  the  word  “exclusive,”  in  the  fifth 
line,  and  inserting  the  word  “inclusive;” 

Decided  in  the  negative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Strike  out  all  after  the  word  “expenses,”  in  amendment, 
'and  insert,  “as  shall  be  incurred,  audited  and  approved  by 
the  Board  ot  Education  ;” 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Miller, 

It  was  decided  in  the  affirmative. 

Mr.  Schley  submitted  the  following  amendment  : 

Section  1.  Strike  out  all  after  the  word  “Governor,”  in 
first  line  down  to  the  words  “or  State,”  in  the  third  line, 
and  insert  the  words  “shall  within  thirty  days  after  the  rati¬ 
fication  by  the  people  of  this  Constitution,  appoint,  subject 
to  the  confirmation  of  the  Senate,  at  its  first  session  there¬ 
after  ;” 

Mr.  Miller  submitted  the  following  amendment  to  the 

amendment : 

After  the  word  “after,”  in  second  line  insert  “the  com¬ 
mencement  of  the  first  session  of  the  General  Assembly  un¬ 
der  this  Constitution,”  and  strike  out  the  words  “the  ratifi¬ 
cation  by  the  people  of  this  Constitution,”  in  second  and 
third  line  ; 

Decided  in  the  negative. 


439 


The  question  recurring  upon  the  amendment  submitted  by 
Mr.  Schley ; 

It  was  decided  in  the  affirmative. 

Mr.  Miller  submitted  the  following  amendment : 

Strike  out  “thirty,”  and  insert  “sixty 
Decided  in  the  negative. 

Mr.  Edelen  submitted  the  following  amendment : 

Strike  out  “section  two 
i  Pending  the  consideration  of  which, 

On  motion  of  Mr.  Stockbridge, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Audoun,  Barron,  Belt,  Berry,  of  Baltimore  coun¬ 
ty,  Berry,  of  Prince  George’s,  Billingsley,  Bl.ackiston,  Bris¬ 
coe,  Brooks,  Carter,  Chambers,  Clarke,  Crawford,  Dail, 
Davis,  of  Charles,  Dennis,  Dent,  Gale,  Hatch,  Henkle, 
Hodson,  Horsey,  Johnson,  Jones,  of  Cecil,  Jones,  of  Som¬ 
erset,  Lansdale,  Larsh,  Mace,  Marbury,  Morgan,  Negley, 
Noble,  Peter,  Schlosser,  Smith,  of  Carroll,  Smith,  of  Dor¬ 
chester,  Sneary,  Sykes,  Thomas,  Thruston,  Turner,  Valliant, 
Wickard,  Wilrner — 44. 

The  Convention  resumed  the  consideration  of  the  Report  of 
the  Committee  on  Education. 

The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Edelen,  to  strike  out  the  second  section  of 
the  Report. 

Mr.  Edelen  demanded  the  yeas  and  nays. 


440 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Harwood, 

Mitchell, 

GoldsborouglijP’t 

Holly  day, 

Miller, 

Bond, 

Hopkins, 

Parian, 

Purnell, 

Brown, 

Lee, 

Davis,  of  Wash., 
Edelen, 

Mayhugli, 

Negative. 

Sands — 15. 

Messrs. 

Hebb, 

Pugh, 

Abbott, 

Hoffman, 

Rulgely, 

Annan, 

Hopper, 

Robinette, 

Baker, 

Keefer, 

Russell, 

Cunningham, 

Ivennard, 

Schley, 

Cushing, 

Kino- 

Scott, 

Daniel, 

Markey, 

Smith,  of  Wor. 

Dellinger, 

McComas, 

Stirling, 

Earle, 

Mullikin, 

Stockbridge, 

Ecker, 

Farrow, 

Murray, 

Swope, 

Nyman, 

Todd, 

Galloway, 

Parker, 

Wooden — 36. 

Greene, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Purnell  submitted  the  following  amendment. 

Amend  section  2,  by  striking  out  all  after  the  word 
“there,”  in  line  one,  and  insert  “shall  be  in  each  county 
such  number  of  School  Commissioners  as  the  Superintendent 
of  Public  Instruction  shall  deem  necessary,  who  shall  be  ap¬ 
pointed  by  the  State  Board  of  Education,  shall  hold  office 
for  four  years,  and  shall  perform  such  duties  as  the  General 
Assembly  or  State  Superintendent  may  direct,  the  School 
Commissioners  of  Baltimore  city  shall  remain  as  at  present 
constituted,  and  be  appointed  as  at  present  by  the  Mayor  and 
City  Council,  subject  to  such  alterations  and  amendments  as 
may  be  from  time  to  time  made  by  the  General  Assembly  or 
the  said  Mayor  and  City  Council.” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Sands  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 


441 


The  yeas  and  nays 

were  called,  and 

Affirmative. 

appeared  as  follows : 

Messrs. 

Hoffman, 

Nyman, 

Goldsborougli,P’t 

Idol  lyday, 

Parian, 

Purnell, 

Bond, 

Hopkins, 

Brown, 

Keefer, 

Bidgely, 

Cushing, 

Kennard, 

Robinette, 

Daniel, 

Ijee, 

Markey, 

Sands, 

Davis,  of  Wash., 

Stirling, 

Dellinger, 

Mayhugh, 

Stockbridge, 

Earle, 

Mitchell, 

Swope, 

Wooden — 31. 

Edelen, 

Greene, 

Miller, 

Mullikin, 

Negative. 

Messrs. 

Galloway, 

Parker, 

Abbott, 

Harwood, 

Pugh, 

Annan, 

Hebb, 

Russell, 

Schley, 

Baker, 

Hopper, 

Cunningham, 

King, 

Scott, 

Ecker, 

Farrow, 

McComas, 

Smith,  of  Wor., 

Murray, 

Todd — 20. 

So  the  question  upon  its  adoption 

was  decided  in  tl 

affirmative. 

Mr.  Sands  submitted  the  following  amendment : 

Strike  out  section  4  ; 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment : 

Amend  section  5  by  striking  out  from  the  word  “become’’ 
in  line  seven  down  to  the  word  “provided”  in  line  eight,  and 
insert,  “the  system  of  public  schools  of  the  State;”  and  amend 
section  5  by  adding  at  the  end  of  the  section  the  words,  “and 
such  system  shall  be  subject  to  such  alterations  conformable 
to  this  article  as  the  General  Assembly  may  from  time  to  time 
enact;’  ’ 

Decided  in  the  affirmative. 

Mr.  Miller  submitted  the  following  amendment: 

Sec.  5,  strike  out  all  after  the  word  “year”  in  the  fifth  line. 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Miller  demanded  the  yeas  and  nays; 

56 


442 


The  demand,  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Edelen, 

Mitchell, 

Goldsborough,P’t 

Harwood, 

Holly  day, 

Miller, 

Bond, 

Parran, 

Purnell — 12. 

Brown, 

Duvall, 

Lee, 

Negative. 

Messrs. 

Hebb, 

Parker, 

Abbott, 

Hoffman, 

Pugh, 

Annan, 

Baker, 

Hopkins, 

Ridgely, 

Hopper, 

Keefer, 

Robinette, 

Cunningham, 

Russell, 

Cushing, 

Kennard, 

Sands, 

Daniel, 

King, 

Schley, 

*  Davis,  of  Wash. 

Mar  key, 

Smith,  of  Wor. 

Dellinger, 

May  h  ugh, 

Stirling, 

Stockbridge, 

Earle, 

Me  Co  mas, 

Ecker, 

Mullikin, 

Swope, 

Todd, 

Farrow, 

Murray, 

Galloway, 

Greene, 

Nyman, 

Wooden — 39. 

So  the  question 
negative. 

upon  its  adoption 

was  decided  in  the 

Mr.  Cushing  submitted  the  following 

amendment: 

Amend  section  6,  line  thirteenth,  by  inserting  after  the 
word  “its”  the  word  “additional,”  and  by  adding  to  the  sec¬ 
tion  the  words  “or  as  may  hereafter  be  provided  by  the  Gen¬ 
eral  Assembly  or  the  Mayor  and  City  Council  of  Baltimore;” 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment: 

Sec.  6,  line  one,  strike  out  the  words  “its  first”  and  insert 
the  words  “each  regular;” 

\ 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Dellinger, 

The  Convention  adjourned. 


443 


WEDNESDAY,  August  10th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Belt,  Berry,  of  Baltimore  county,  Bil¬ 
lingsley,  Blackiston,  Briscoe,  Brooks,  Carter,  Chambers, 
Clarke,  Crawford,  Davis,  of  Washington,  Dennis,  Dent, 
Hatch,  Henkle,  Hodson,  Horsey,  Johnson,  Jones,  of  Somer¬ 
set,  Lansdale,  Mace,  Marbury,  Morgan,  Negley,  Noble, 
Peter,  Schlosser,  Smith,  of  Dorchester,  Sneary,  Thruston, 
Wilmer— 32. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  King,  in  accordance  with  notice  given  yesterday,  sub¬ 
mitted  the  following  order  : 

Ordered,  That  the  order  passed  July  21,  by  which  the 
Convention  determined  to  hold  evening  sessions,  he  and  the 
same  is  hereby  rescinded. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Stockbridge  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Gale, 

Parran, 

Audoun, 

Harwood, 

Hoi  1yd  ay, 

Ridgely, 

Berry,  of  P.  Geo., 

Sands, 

Bond, 

Jones,  of  Cecil, 

Smith,  of  Wor. 

Brown, 

King, 

Sykes, 

Thomas, 

Cunningham, 

Larsh, 

Dail, 

Lee, 

Todd, 

Davis,  of  Charles, 

Markey, 

Turner, 

Duvall, 

Mitchell, 

Yalliant, 

Edelen, 

Miller, 

Negative. 

Wickard — 29. 

# 

Messrs. 

Greene, 

Parker, 

Goldsborough,  P’t 

Hebb, 

Pugh, 

Abbott, 

Hoffman, 

Purnell, 

Annan, 

Hopkins, 

Robinette, 

444 


Baker, 

Hopper, 

Russell. 

Cushing, 

Keefer, 

Schley, 

Daniel, 

Kennard, 

Scott, 

Dellinger, 

Mayh  ugh, 

Smith,  of  Carroll 

Earle, 

Me  Com  as, 

Stirling, 

Ecker, 

IVlullikin, 

Stockbridge, 

Farrow, 

Murray, 

Swope, 

Galloway, 

Nyman, 

Wooden — 35. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 


On  motion  of  Mr.  Mayhugh, 

It  was  ordered  to  he  entered  on  the  Journal  that  Mr.  Sneary 
is  detained  from  his  seat  by  sickness. 

Messrs.  Ridgely,  Thomas,  Davis,  of  Charles,  Todd,  Sykes, 
Hoffman,  Schley  and  Harwood  were  excused  from  attendance 
upon  the  evening  sessions  of  the  Convention  for  a  limited 
period. 

Mr.  Green  from  the  Committee  on  the  Executive  Depart¬ 
ment  submitted  the  following  Report : 

EXECUTIVE  DEPARTMENT. 

The  Committee  on  the  Executive  Department  respectfully 
submit  the  following 

REPORT. 

Section  1.  The  Executive  power  of  the  State  shall  be  vest¬ 
ed  in  a  Governor,  whose  term  of  office  shall  commence  on  the 
second  Wednesday  of  January  next  ensuing  his  election,  and 
continue  for  four  years,  and  until  his  successor  shall  have 
qualified  ;  but  the  Governor  chosen  at  the  first  election  un¬ 
der  this  Constitution,  shall  not  enter  upon  the  discharge  of 
the  duties  of  the  office  until  the  expiration  of  the  term  for 
which  the  present  incumbent  was  elected,  unless  the  said 
office  shall  become  vacant  by  death,  resignation,  removal 
from  the  State,  or  other  disqualification  of  the  said  incum¬ 
bent. 

Sec.  2.  The  first  election  for  Governor  under  this  Constitu- 
tson,  shall  be  held  on  the  Tuesday  next  after  the  first  Monday 
of  November  in  the  year  eighteen  hundred  and  sixty-four, 
and  on  the  same  day  and  month  in  every  fourth  year  thereaf¬ 
ter,  at  the  places  of  voting  for  Delegates  to  the  General  As¬ 
sembly,  and  every  person  qualified  to  vote  for  Delegates  shall 
be  qualified  and  entitled  to  vote  for  Governor  ;  the  election 
to  be  held  in  the  same  manner  as  the  election  of  Delegates, 


445 


and  the  returns  thereof,  under  seal,  to  he  addressed  to  the 
Sneaker  of  the  House  of  Delegates,  and  enclosed  and  trans¬ 
mitted  to  the  Secretary  of  State,  and  delivered  to  the  said 
Speaker,  at  the  commencement  of  the  session  of  the  Legisla¬ 
ture  next  ensuing  said  election. 

Sec.  3.  The  Speaker  of  the  House  of  Delegates  shall  then 
open  the  said  returns  in  the  presence  of  both  Houses,  -and  the 
person  having  the  highest  number  of  votes,  and  being  Con¬ 
stitutionally  eligible,  shall  be  the  Governor,  and  shall  quali¬ 
fy  in  the  manner  herein  prescribed,  on  the  second  Wednes¬ 
day  of  January  next  ensuing  his  election,  or  as  soon  thereaf¬ 
ter  as  may  be  practicable. 

Sec.  4.  If  two  or  more  persons  shall  have  the  highest  and 
an  equal  number  of  votes,  one  of  them  shall  be  chosen 
Governor  by  the  Senate  and  House  of  Delegates  ;  and  all 
questions  in  relation  to  the  eligibility  of  Governor,  and  to 
the  returns  ot  said  election,  and  to  the  number  and  legality 
of  votes  therein  given,  shall  be  determined  by  the  House  of  Del¬ 
egates.  And  if  the  person  or  persons,  having  the  highest 
number  of  votes  be  ineligible,  the  Governor  shall  be  chosen 
by  the  Senate  and  House  of  Delegates.  Every  election  of 
Governor,  by  the  Legislature,  shall  be  determined  by  a  joint 
majority  of  the  Senate  and  House  of  Delegates,  and  the  vote 
shall  be  taken  viva  voce.  But  if  two  or  more  persons  shall 
have  the  highest  and  an  equal  number  of  votes,  then  a  second 
vote  shall  be  taken,  which  shall  be  confined  to  the  persons 
having  an  equal  number  ;  and  if  the  votes  should  be  again 
equal,  then  the  election  of  Governor  shall  be  determined  by 
lot  between  those  who  shall  have  the  highest  and  an  equal 
number  on  the  first  vote. 

Sec.  5.  A  person  to  be  eligible  to  the  office  of  Governor, 
must  have  attained  the  age  of  thirty  years,  and  been  for  five 
years  a  citizen  of  the  United  States,  and  for  five  years  next 
preceding  his  election  a  resident  of  the  State. 

Sec.  6.  A  Lieutenant  Governor  shall  be  chosen,  at  every 
regular  election  for  Governor,  in  the  same  manner  to  continue 
in  office  for  the  same  time  and  possess  the  same  qualifications  as 
the  Governor.  In  voting  for  Governor  and  Lieutenant  Go¬ 
vernor  the  electors  shall  state  for  whom  they  vote  as  Govern¬ 
or,  and  for  whom  as  Lieutenant  Governor. 

Sec.  7.  The  Lieutenant  Governor  shall,  by  virtue  of  his 
office,  be  President  of  the  Senate,  and  whenever  the  Senate 
are  equally  divided,  shall  have  the  right  to  give  the  casting 
vote. 


446 


Sec.  8.  In  case  of  the  death,  resignation,  removal  from  the 
State,  or  other  disqualification  of  the  Governor,  the  powers, 
duties  and  emoluments  of  the  office  shall  devolve  upon  the 
Lieutenant  Governor  ;  and  in  case  of  his  death,  resignation, 
or  removal,  then  upon  the  President  of  the  Senate  for  the 
time  being — until  the  disqualification  or  inability  shall  cease, 
or  until  a  new  Governor  shall  be  elected  and  qualified. 

Sec.  9.  Whenever  the  Government  shall  be  administered 
by  the  Lieutenant  Governor,  or  he  shall  be  unable  to  attend 
as  President  of  the  Senate,  the  Senators  shall  elect  one  of 
their  own  number  as  President  pro  tempore. 

Sec.  10.  The  Lieutenant  Governor,  while  he  acts  as  Presi¬ 
dent  of  the  Senate,  shall  receive  for  his  services  the  same 
comneasation  which  shall,  for  the  samO  period,  he  allowed  to 
the  Speaker  of  the  House  of  Delegates,  and  no  more. 

Sec.  11.  The  Governor  shall  be  Commander-in-Chief  of  the 
land  and  naval  forces  of  the  State,  and  may  call  out  the  mili¬ 
tia  to  repel  invasions,  suppress  insurrections,  and  enforce  the 
execution  of  the  laws;  but  shall  not  take  the  command  in  per¬ 
son  without  the  consent  of  the  Legislature. 

Sec.  12.  He  shall  take  care  that  the  laws  be  faithfully  exe¬ 
cuted. 

Sec.  13.  He  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  Senate,  appoint  all  civil  and  military  officers  of 
the  State,  whose  appointment  or  election  is  not  otherwise  here¬ 
in  provided  for,  unless  a  different  mode  of  appointment  be  pre¬ 
scribed  by  the  law  creating  the  office. 

Sec.  14.  In  case  of  any  vacancy  during  the  recess  of  the 
Senate,  in  any  office  which,  the  Governor  has  power  to  fill,  he 
shall  appoint  some  suitable  person  to  said  office,  whose  com¬ 
mission  shall  continue  in  force  till  the  end  of  the  next  session 
of  the  Legislature,  or  till  some  other  person  is  appointed  to 
the  same  office,  whichever  shall  first  occur,  and  the  nomina¬ 
tion  of  the  person  thus  appointed  during  the  recess,  or  of  some 
other  person  in  liis  place,  shall  be  made  to  the  Senate,  within 
thirty  days  after  the  next  meeting  of  the  Legislature. 

Sec.  15.  No  person,  after  being  rejected  by  the  Senate,  shall 
be  aixain  nominated  for  the  same  office,  at  the  same  session, 
unless  at  the  request  of  the  Senate  ;  or  be  appointed  to  the 
same  office  during  the  recess  of  the  Legislature. 

Sec.  16.  All  civil  officers  appointed  by  the  Governor  and 
Senate,  shall  be  nominated  to  the  Senate  within  fifty  days 
from  the  commencement  of  eac  Irregular  session  of  the  Legisla- 


447 


ture,  and  their  term  of  office  (except  in  cases  otherwise  provided 
for  in  this  Constitution)  shall  commence  on  the  first  Monday  of 
May  next  ensuing  their  appointment,  and  continue  for  two 
years  (unless  sooner  removed  from  office,)  and  until  their  suc¬ 
cessors  respectively  qualify  according  to  law. 

Sec.  17.  The  Governor  may  suspend  or  arrest  any  military 
officer  of  the  State,  for  disobedience  of  orders,  or  other  mili¬ 
tary  offence,  and  may  remove  him  in  pursuance  of  the  sentence 
of  a  court  martial;  and  may  remove  for  incompelency  or  mis¬ 
conduct,  all  civil  officers  who  received  appointments  from  the 
Executive  for  a  term  not  exceeding  two  years. 

Sec.  18.  The  Governor  may  convene  the  Legislature,  or  the 
Senate  alone,  on  extraordinary  occasions;  and  whenever,  from 
the  presence  of  an  enemy  or  from  any  other  cause,  the  seat  of 
government  shall  become  an  unsafe  place  for  the  meeting  of 
the  Legislature,  he  may  direct  their  sessions  to  be  held  at 
some  other  convenient  place. 

Sec.  19.  It  shall  be  the  duty  of  the  Governor  semi-annual¬ 
ly,  and  oftener  if  he  deem  it  expedient,  to  examine  the  bank 
book,  account  books,  and  official  proceedings  of  the  Treasurer 
and  Comptroller  of  the  State. 

Sec.  20.  He  shall  from  time  to  time  inform  the  Legislature 
of  the  condition  of  the  State,  and  recommend  to  their  conside¬ 
ration  such  measures  as  he  may  judge  necessary  and  expe¬ 
dient. 

Sec.  21.  He  shall  have  power  to  grant  reprieves  and  par¬ 
dons,  except  in  cases  of  impeachment,  and  in  cases  in  which 
he  is  prohibited  by  other  articles  of  this  Constitution,  and  to 
remit  fines  and  forfeitures  for  offences  against  the  State  ;  but 
shall  not  remit  the  principal  or  interest  of  any  debt  due  to  the 
State,  except  in  cases  of  fines  and  forfeitures;  and  before  grant¬ 
ing  a  nolle  prosequi,  or  pardon,  he  shall  give  notice  in  one  or 
more  newspapers  of  the  application  made  for  it,  and  of  the 
day  on  or  after  which  his  decision  will  be  given;  and  in  every 
case  in  which  he  exercises  this  power,  he  shall  report  to  eith¬ 
er  branch  of  the  Legislature,  whenever  required,  the  petitions, 
recommendations  and  reasons  which  influenced  his  decision. 

Sec.  22.  The  Governor  shall  reside  at  the  seat  of  Govern¬ 
ment,  and  shall  receive  for  his  services  an  annual  salary  of 
four  thousand  dollars. 

Sec.  23.  A  Secretary  of  State  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
who  shall  continue  in  office,  unless  sooner  removed  by  the 
Governor,  till  the  end  of  the  official  term  of  the  Governor 


448 


from  whom  he  received  his  appointment,  and  shall  receive  an 
annual  salary  of  one  thousand  dollars. 

Sec.  24.  He  shall  carefully  keep  and  preserve  a  record  of 
all  official  acts  and  proceedings,  which  may  at  all  times  he 
inspected  by  a  committee  of  either  branch  of  the  Legislature, 
and  shall  perform  such  other  duties  as  may  be  prescribed  by 
law,  or  as  may  properly  belong  to  his  office. 

Which  was  read  the  first  time. 

Mr.  Miller,  from  a  minority  of  said  committee,  submitted 
the  following  Report : 

MINORITY  REPORT. 

The  undersigned,  members  of  the  Committee  on  the  Execu¬ 
tive  Department,  respectfully  submit  the  following  Minority 
Report : 

In  lieu  of  the  second  section  of  the  Report  of  the  Majority, 
they  submit  and  recommend  the  adoption  of  the  following : 

Section  2.  The  first  election  for  Governor,  under  this  Con¬ 
stitution,  shall  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  November,  eighteen  hundred  and  sixty-five,  and 
the  second  election  shall  be  held  on  the  Tuesday  next  after 
the  first  Monday  in  November,  eighteen  hundred  and  sixty- 
eight,  and  on  the  same  day  and  month  in  every  fourth  year 
thereafter,  at  the  places  of  voting  for  Delegates  to  the  Gen¬ 
eral  Assembly,  and  every  person  qualified  to  vote  for  Dele¬ 
gates,  shall  be  qualified  and  entitled  to  vote  for  Governor  ; 
the  election  to  be  held  in  the  same  manner  as  the  election  of 
Delegates,  and  the  returns  thereof,  under  seal,  to  be  addressed 
to  the  Speaker  of  the  House  of  Delegates,  and  enclosed  and 
transmitted  to  the  Secretarv  of  State,  and  delivered  to  the 
said  Speaker  at  the  commencement  of  the  session  of  the  Le¬ 
gislature  next  ensuing  said  election. 

They  further  recommend  the  omission  of  all  the  sections  in 
the  Report  of  the  Majority,  having  reference  to  the  office  and 
duties  of  Lieutenant  Governor,  being  sections  6,  7,  8,  9,  10, 
and  recommend  the  adoption  in  lieu  thereof  of  the  following 
sections  ol  the  present  Constitution  : 

Sec.  7.  In  case  of  the  death  or  resignation  of  the  Governor, 
or  of  his  removal  from  the  State,  the  General  Assembly,  it  in 
session,  or  if  not,  at  their  next  session,  shall  elect  some  other 
qualified  resident  of  the  same  district  to  be  the  Governor  for 
the  residue  of  the  term  for  which  the  said  Governor  had  been 
elected. 


4 


449 


Sec.  8.  In  case  of  any  vacancy  in  the  office  of  Governor 
during  the  recess  of  the  Legislature,  the  President  of  the 
Senate  shall  discharge  the  duties  of  said  office  till  a  Governor 
is  elected,  as  herein  provided  for  ;  and  in  case  of  the  death  or 
resignation  of  said  President,  or  of  his  removal  from  the 
State,  or  of  his  refusal  to  serve,  then  the  duties  of  said  office 
shall,  in  like  manner  and  for  the  same  interval,  devolve  upon 
the  Speaker  of  the  House  of  Delegates,  and  the  Legislature 
may  provide  by  law  for  the  case  of  impeachment  or  inability 
of  the  Governor,  and  declare  what  person  shall  perform  the 
Executive  duties  during  such  impeachment  or  inability;  and 
for  any  vacancy  in  said  office  not  herein  provided  for,  pro¬ 
vision  may  be  made  by  law,  and  if  such  vacancy  should  oc¬ 
cur  without  such  provision  being  made,  the  Legislature  shall 
be  convened  by  the  Secretary  of  State,  for  the  purpose  of  fill¬ 
ing  said  vacancy. 

In  other  respects  the  undersigned  concur  in  the  Report  of 
the  Majority. 

Oliver  Miller, 

C.  S.  P ARRAN. 

% 

Which  was  read. 

Mr.  Brown  from  the  minority  of  the  committee  on  the  Elec¬ 
tive  franchise,  submitted  the  following 

REPORT. 

The  minority  of  the  Committee  not  being  able  to  concur  in 
all  of  the  views  of  the  majority,  beg  leave  to  submit  the  fol¬ 
lowing  Report: 

ARTICLE  I. 

Elective  Franchise. 

Section  1.  Every  free  white  male  person  of  twenty-one 
years  of  age,  and  upwards,  who  shall  have  been  one  year  next 
preceding  the  election  a  resident  of  the  State,  and  for  six 
months  a  resident  of  Baltimore,  or  of  any  county  in  which  he 
may  offer  to  vote,  and  being  at  the  time  of  the  election  a  citi¬ 
zen  of  the  United  States,  shall  be  entitled  to  vote  in- the  ward 
or  election  district  in  which  he  resides,  in  all  elections  here¬ 
after  to  be  held;  and  at  all  such  elections  the  vote  shall  be 
taken  by  ballot.  And  in  case  any. county  or  city  shall  be  so 
divided  as  to  form  portions  of  different  electoral  districts  for 
the  election  of  Congressmen,  Senator,  Delegate  or  other  offi¬ 
cer  or  officers,  then  to  entitle  a  person  to  vote  for  such  officer, 
he  must  have  been  a  resident  of  that  part  of  the  county  or 
fity  which  shall  form  a  part  of  the  electoral  district  in  which 

57 


450 


he  offers  to  vote,  for  six  months  next  preceding  the  election; 
hut  a  person  who  shall  not  have  acquired  a  residence  in  such 
county  or  city  entitling  him  to  vote  at  any  such  election  shall 
he  entitled  to  vote  in  the  election  district  from  which  he  re¬ 
moved,  until  he  shall  have  acquired  a  residence  in  the  part  of 
the  county  or  city  to  which  he  has  removed. 

Sec.  2.  That  if  any  person  shall  give,  or  offer  to  give,  di¬ 
rectly  or  indirectly,  any  bribe,  present  or  reward,  or  any 
promise,  or  any  security  for  the  payment  or  delivery  of  money 
or  any  other  thing  to  induce  any  voter  to  refrain  from  casting 
his  vote,  or  forcibly  to  prevent  him  in  any  way  from  voting, 
or  to  obtain  or  procure  a  vote  for  any  candidate  or  person 
proposed  or  voted,  for,  as  elector  of  President  and  Vice  Presi¬ 
dent  of  the  United  States,  or  Eepresentative  in  Congress,  or 
for  any  office  of  profit  or  trust  created  by  the  Constitution  or 
Laws  of  this  State,  or  by  the  ordinances  or  authority  of  the 
Mayor  and  City  Council  of  Baltimore,  the  person  giving  or 
offering  to  give,  and  the  person  receiving  the  same,  and  any 
person  who  gives  or  causes  to  be  given  an  illegal  vote,  know¬ 
ing  it  to  be  so,  at  any  election  to  be  hereafter  held  in  this 
State,  shall  on  conviction  in  a  Court  of  Law,  in  addition  to 
the  penalties  now  or  hereafter  to  be  imposed  by  law,  be  for¬ 
ever  disqualified  to  hold  any  office  of  profit  or  trust,  or  to  vote 
at  any  election  thereafter. 

Sec.  3.  It  shall  be  the  duty  of  the  General  Assembly  of 
Maryland  to  pass  laws  to  punish  with  fine  and  imprisonment 
any  person  who  shall  remove  into  any  election  district  or  ward 
of  the  city  of.  Baltimore,  not  for  the  purpose  of  acquiring  a 
bona  fide  residence  therein,  but  for  the  purpose  of  voting 
therein  at  an  approaching  election,  or  who  shall  vote  in  any 
election  district  or  ward  in  which  he  does  not  reside,  (except 
in  the  case  provided  for  in  the  first  article  of  the  Constitution,) 
or  shall,  at  the  same  election  vote  in  more  than  one  election 
district  or  ward,  or  shall  vote  or  offer  to  vote  in  any  name  not 
his  own,  or  in  place  of  any  other  person  of  the  same  name,  or 
shall  vote  in  any  county  in  which  he  does  not  reside. 

Sec.  4.  Every  person  elected  or  appointed  to  any  office  of 
profit  or  trust  under  the  Constitution  or  Laws  made  pursuant 
thereto,  before  he  shall  enter  upon  the  duties  of  such  office  shall 
take  and  subscribe  the  following  oath  or  affirmation  :  I,  A.  B., 
do  swear  or  affirm,  (as  the  case  may  be,)  that  I  will  support  the 
Constitution  of  the  United  States,  and  that  I  will  be  faithful 
and  bear  true  allegiance  to  the  State  of  Maryland,  and  support 
the  Constitution  and  Laws  thereof,  and  that  I  will,  to  the 
best  of  my  skill  and  judgment,  diligently  and  faithfully, 
without  partiality  or  prejudice,  execute  the  office  of - 


451 


according  to  the  Constitution  and  Laws  of  this  State,  and 
that  since  the  adoption  of  the  present  Constitution  I  have  not 
in  any  manner  violated  the  provisions  thereof  in  relation  to 
bribery  of  voters  or  preventing  legal  or  procuring  illegal 
votes  to  be  given  ;  (and  if  a  Governor,  Senator,  Member  of 
the  House  of  Delegates,  or  Judge,)  “  that  1  will  not  directly 
or  indirectly  receive  the  profits,  or  any  part  of  the  profits,  of 

any  other  office  during  the  time  of  my  acting  as - 

And  if  any  person  elected  or  appointed  to  office  as  aforesaid, 
shall  refuse  or  neglect  to  take  the  said  oath  or  affirmation,  he 
shall  be  considered  as  having  refused  to  accept  the  said  office, 
and  a  new  election  or  appointment  shall  he  made  as  in  case 
of  lefusal  or  resignation,  and  any  person  swearing  or  affirm¬ 
ing  falsely  in  the  premises,  shall,  on  conviction  thereof  in  a 
court  of  law,  incur  the  penalties  for  wilful  and  corrupt  per¬ 
jury,  and  he  thereafter  incapable  of  voting  at  any  election, 
and  also  incapable  of  holding  any  office  of  profit  or  trust  in 
this  State. 

Sec.  5.  Ho  person  who  is  lunatic,  non-compos  mentis,  or 
under  guardianship,  shall  he  allowed  to  vote;  nor  shall  any 
one  convicted  of  bribery,  or  other  infamous  crime  that  consigns 
him  to  the  penitentiary,  until  two  years  after  he  shall  have 
paid  the  penalty  of  his  offence,  unless  pardoned  by  the  Go¬ 
vernor. 

Sec.  6.  Ho  person  in  the  Military  or  Haval  service  of  the 
United  States  shall  be  considered  as  having  acquired  a  resi¬ 
dence  to  vote  because  he  has  been  employed  at  any  barracks, 
forts,  or  naval  station  in  this  State,  and  no  citizen  shall  be 
deemed  to  have  lost  his  residence  by  reason  of  his  absence 
while  employed  in  the  service  of  this  State  or  the  United 
States,  or  while  engaged  in  navigating  the  waters  thereof  or 
the  high  seas,  or  while  confined  as  a  public  prisoner. 

Jnq.  Brown, 

Fendall  Marbury. 

Which  was  read  the  first  time.  *  • 

Mr.  Scott  gave  notice  that  he  would  at  the  proper  time  sub¬ 
mit  the  following  amendment  to  the  —  section  of  the  report 
of  the  Committee  on  the  Elective  Franchise: 

“That  I  will  be  faithful  and  support  the  Constitution  and 
Laws  of  Maryland,- and  that  I  will  to  the  best  of  my  skill 
and  judgment,  diligently  and  faithfully,  without  partiality 

or  prejudice,  execute  the  office  of  — - —  and  that  since 

the  adoption  of  the  present  Constitution  I  have  not  in  any 
manner  violated  the  provisions  thereof  in  relation  to  bribery 
of  voters  or  preventing  legal  or  procuring  illegal  votes  to  be 


452 


given,  (and  if  a  Governor,  Senator,  Member  of  the  House 
of  Delegates  or  Judge,)  that  I  will  not  directly  or  indirectly 
receive  the  profits  or  any  part  of  the  profits  of  any  other  of¬ 
fice  during  the  time  of  my  acting  as - ,  and  that 

I  owe  paramount  allegience  to  the  Constitution  and  Govern¬ 
ment  of  the  United  States,  any  law  or  ordinance  of  the  Gen¬ 
eral  Assembly  or  State  Convention  of  Maryland,  to  the  con¬ 
trary  notwithstanding  ;  that  I  will  defend  the  said  Constitu¬ 
tion  and  Government  of  the  United  States  to  the  last  extrem¬ 
ity,  against  every  enemy,  and  that  since  the  commencement 
of  the  civil  war  and  rebellion,  I  have  never  in  any  manner 
either  directly  or  indirectly  by  word  or  deed  given  aid  or  en¬ 
couragement  to  those  in  rebellion  against  the  United  States, 
that  I  have  never  sympathised  with  them,  nor  desired  their 
success,  but  have  uniformly  and  at  all  times  denounced  them 
not  only  as  rebels  against  and  traitors  to  their  country,  but 
as  enemies  of  the  human  race. 

The  report  of  the  Committee  on  Education, 

Was  taken  up, 

Mr.  Miller  submitted  tbe  following  amendment : 

Sec.  6.  After  tbe  word  “tax”  in  the  twelfth  line,  insert, 
“and  provided  further  that  the  taxes  now  levied  for  the  sup¬ 
port  of  public  schools  in  the  several  counties  of  this  State 
shall  be  discontinued  on  and  after  the  first  day  of  January 
1866;” 

Pending  the  consideration  of  which, 

The  hour  having  arrived  for  taking  up  the  Order  of  the 
Day,  being  the  Report  of  the  Committee  on  the  Judiciary 
Department. 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

It  was  postponed  until  after  the  consideration  of  the  Report, 
of  the  Committee  on  Education . 

The  question  then  recurring  upon  the  adoption  of  the 
amendment  submitted  by  Mr.  Miller  ; 

Mr.  Miller  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs.  Davis,  of  Charles,  Lee, 

Berry,  of  P.  Geo.,  Duvall,  Mitchell, 


453 


Bond, 

Edelen, 

Miller, 

Brown, 

Gale, 

Harwood, 

Parran, 

Clarke, 

Stock  bridge, 
Turner — 16. 

Dail, 

Holly  day, 

Negative. 

Messrs. 

Hoffman, 

Ridgelv, 

Abbott, 

Hopkins, 

Kobinette, 

Annan, 

Hopper, 

Russell, 

Audoun, 

Keefer, 

Sands, 

Baker, 

Kennard, 

Schley, 

Cunningham, 

King, 

Scott, 

Cushing, 

May  h  ugh, 

Stirling, 

Daniel, 

McComas, 

Swope, 

Sykes, 

Earle, 

Mullikin, 

Ecker, 

Murray, 

Thomas, 

Farrow, 

Nyman, 

Parker, 

Todd, 

Galloway, 

Yalliant, 

Greene, 

Pugh, 

Wickard, 

Hebb, 

Purnell, 

Wooden — 41. 

So  the  question 

upon  its  adoption 

was  decided  in  the 

negative. 

Mr.  Duvall  submitted  the  following  amendment: 

Add  at  the  end  of  the  section  “and  provided  further  that 
the  public  schools  established  by  this  Article  of  the  Constitu¬ 
tion,  shall  be  schools  solely  for  the  white  children  of  the 
State.” 

Mr.  Cushing  called  the  previous  question. 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  amendment  submitted 
by  Mr.  Duvall, 

Mr.  Duvall  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 

Messrs.  Edelen,  Mitchell, 

Berry,  of  P.  Geo.  Gale,  Miller, 

Bond,  Harwood,  Parran, 


454 


Clarke, 

Holly  day, 

Jones,  of  Cecil, 

Smith,  of  Carroll. 

Dail, 

Smith,  of  Wor.,  ' 

Davis,  of  Charles, 

Lee, 

Turner — 18. 

Duvall, 

Messrs. 

Negative. 

Hoffman, 

Ridgely, 

Abbott, 

Hopkins, 

Robinette, 

Annan, 

Hopper, 

Russell, 

Audoun, 

Keefer, 

Sands, 

Schley, 

Baker, 

Kennard, 

Cunningham, 

King, 

Scott, 

Cushing, 

Larsh, 

Stirling, 

Daniel, 

Markey, 

Swope, 

Dellinger, 

Mayhugh, 

Sykes, 

Earle, 

Me  Co  mas, 

Thomas, 

Ecker, 

Mullikin, 

Todd, 

Farrow, 

Murray, 

Yalliant, 

Galloway, 

Parker, 

Wickard, 

Greene, 

Vugh. 

Wooden — 43. 

Hebb,  Purnell, 

So  the  question  upon  its  adoption 

was  decided  in  the 

negative. 

The  question  recurring  upon  the  adoption  of  the  section  as 

amended, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 

nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Messrs. 

Affirmative. 

Hopkins, 

Robinette, 

Abbott, 

Hopper, 

Russell, 

Annan, 

Jones,  of  Cecil, 

Sands, 

Audoun, 

Cunningham, 

Keefer, 

Kennard, 

Schley, 

Scott, 

Cushing, 

King, 

Smith,  of  Carroll, 

•  Daniel, 

Larsh, 

Smith,  of  Wor., 

Dellinger, 

Markey, 

Stirling, 

Earle, 

Mayhugh, 

Stockbridge, 

Ecker, 

MoComas, 

Swope, 

Farrow, 

Mullikin, 

Sykes, 

Galloway, 

Murray, 

Thomas, 

Greene, 

Parker, 

Todd, 

455 


Harwood, 

Hebb, 

Hoffman, 


Pugh, 

Purnell, 

Ridgely, 

Negative. 


Valliant, 
Wickard, 
Wooden — 47. 


Messrs. 

Berry,  of  P.  Geo., 
Bond, 

Clarke, 

Dail, 


Davis,  of  Charles, 
Duvall, 

Edelen, 

Gale, 

Hollyday, 


Lee, 

Mitchell, 
Miller, 
Parran , 
Turner — 14. 


So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 


Mr.  Cushing  submitted  the  following  amendment : 

Amend  section  7,  by  striking  out  the  words  “a  not  less 
annual  amount  than  three  hundred  thousand  dollars,”  and 
insert  the  words  “not  less  than  five  cents  on  each  one  hun¬ 
dred  dollars  of  taxable  property  throughout  the  State;” 

Decided  in  the  affirmative. 

Mr.  Ridgely  submitted  the  following  amendment : 

Strike  out  after  the  word  “dollars,”  10th  line,  down  to  the 
word  “determine,”  in  the  12th  line,  and  insert,  “when  the 
tax  of  ten  cents  in  the  hundred  dollars,  authorised  by  the 
preceding  section,  may  be  discontinued  in  whole  or  in  part, 
as  the  Legislature  may  direct,  the  principal  fund  of  six  mil¬ 
lions  hereby  provided  'shall  remain  forever  inviolate  as  the 
free  school  fund  of  the  State 

Decided  in  the  affirmative. 

Mr.  Duvall  submitted  the  following  amendment: 

Amend  by  adding  at  the  end  of  section,  “provided  that  no 
portion  of  said  school  fund,  with  the  interest  accruing  there¬ 
from,  derived  by  taxing  the  white  population,  shall  be  applied 
toward  educating  the  free  negro  population.” 

The  question  being  on  the  adoption  of  the  amendment. 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


456 


Affirmative. 


[essrs. 

Edelen, 

Mitchell, 

Berry,  of  P.  Geo., 

Gale, 

Miller, 

Bond, 

Harwood, 

Parran, 

Dail, 

Hollyday, 

Smith,  of  Wor., 

Davis,  of  Charles, 
Duvall, 

Lee, 

—14 

• 

Negative. 

Messrs. 

Hoffman, 

Hopkins, 

Purnell, 

Abbott, 

Ridgely, 

Annan, 

Hopper, 

-  Robinette, 

Audoun, 

Keefer, 

Russell, 

Baker, 

Clarke, 

Kennard, 

Sands, 

Schley, 

King, 

Cunningham, 

Larsh, 

Scott, 

Cushing, 

Markey, 

Stirling, 

Daniel, 

May  h  ugh, 

Stockbridge, 

Dellinger, 

McComas, 

Swope, 

Earle, 

Mullikin, 

Thomas, 

Ecker, 

Murray, 

Todd, 

Farrow, 

Nyman, 

Parker, 

Valliant, 

Galloway, 

Wickard, 

Greene, 

Hebb, 

Pugh, 

Wooden — 45. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

After  the  word  “purposes”  in  the  13th  line,  7tli  section, 
insert  “of  the  white  population.” 

Mr.  Audoun  called  the  previous  question, 

The  question  being, 

“'Shall  the  main  question  he  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  amendment  of  Mr. 
Davis,  of  Charles, 

It  was  decided  in  the  negative. 

Mr.  Cushing  submitted  the  following  amendment: 

Amend  section  1,  by  inserting  after  word  “years”  in  line 


45f 


fourth  the  words  “and  until  his  successor  shall  have  been  ap¬ 
pointed  and  shall  have  qualified;’ ’ 

Decided  in  the  affirmative. 

Mr.  Cushing  submitted  the  following  amendment: 

Amend  section  2,  by  inserting  after  the  word  “duties”  the 
words  “and  receive  such  compensation;” 

Decided  in  the  affirmative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

Mr.  Thomas  moved  that  the  Convention  take  a  recess  until 
8  o’clock, 

Decided  in  the  negative. 

The  Order  of  the  Day,  being  the  report  of  the  Committee 
on  the  Judiciary  Department, 

Was  taken  up. 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

The  consideration  of  the  report  was  informally  passed 
over. 

On  motion  of  Mr.  Audoun, 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  Committee  on  the  Treasury  Department. 

Mr.  Hebb  submitted  the  following  amendment : 

Sec.  1.  line  two,  aher  the  word  “State,”  insert  the  words, 
“at  each  general  election  of  members  of  the  General  Assem- 

My;” 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment: 

Sec.  1,  line  three,  after  the  word  “of”  insert  the  words 
“twenty-five  hundred;” 

Mr.  Thomas  moved  to  amend  by  inserting  “three  thou- 
__  sand;” 

Mr.  Wickard  moved  to  amend  by  inserting  ‘  Two  thousand.  ’  ’ 

The  question  being  on  the  amendment  submitted  by  Mr. 
Thomas, 

58 


458 


It  was  decided  in  the  negative. 

The  question  next  being  on  the  amendment  submitted  by 
Mr.  Stirling, 

It  was  decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Sec.  1,  line  five,  strike  out  the  word  “Legislature,”  and 
insert  the  words  “General  Assembly  at  each  regular  session 
thereof;” 

Decided  in  the  affirmative. 

Mr.  Galloway  submitted  the  following  amendment : 

Sec.  1,  line  one,  after  the  word  “of”  insert  “twenty-five 
hundred  dollars;” 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment: 

Line  fourteen,  after  the  word  “successor,”  insert  the  fol¬ 
lowing:  “but  the  Comptroller  chosen  at  the  first  election  un¬ 
der  this  Constitution,  and  the  Treasurer  appointed  at  the  first 
session  of  the  General  Assembly  held  under  this  Constitution 
shall  not  enter  upon  the  discharge  of  the  duties  of  their  re¬ 
spective  offices  until  the  expiration  of  the  terms  of  the  present 
incumbents,  unless  the  said  offices  or  either  of  them  shall  be¬ 
come  vacant  by  death,  resignation,  removal  from  the  State, 
or  other  disqualification  of  the  said  incumbents  or  either  of 
them;” 

Decided  in  the  affirmative. 

Mr.  Kennard  submitted  the  following  amendment : 

Section  1.  Seventeenth  line,  strike  out  all  after  the  word 
“duties,”  and  insert  “as  are  now  or  may  be  prescribed  by 
law  ;” 

Decided  in  the  affirmative. 

Mr.  Berry,  of  Prince  George’s,  submitted  the  following 
amendment : 

Sec.  1.  In  sixth  line  first  section,  strike  out  the  words 
“joint  ballot,”  and  insert  “by  the  concurrent  vote  of  the  two 
houses  of  the  General  Assembly  ;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 


459 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Berry,  of  P.  Geo., 
Bond, 

Brown, 

Clarke, 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Baker, 

Cunningham, 

Cushing, 

Daniel, 

Dellinger, 

Earle, 

Ecker, 

Farrow, 

Greene, 

Hebb, 

Doff  man, 
Hopkins, 


Dail, 

Davis,  of  Charles 

Edelen, 

Hollyday, 

Negative. 

Hopper, 

Jones,  of  Cecil, 
Keefer, 

Kennard, 

King, 

Larsh, 

Markey, 

Mayhugh, 

McComas, 

Mullikin, 

Murray, 

Nyman, 

Parker, 

Pugh, 

Purnell, 

Ridgely, 


Lee, 

Mitchell, 
Miller, 
Turner — 12. 


Robinette, 

Russell, 

Schley, 

Scott, 

Smith,  of  Carroll 
Smith,  of  Wor., 
Stirling, 
Stockbridge, 
Swope, 

Sykes, 

Thomas, 

Todd, 

Yalliant, 
Wickard, 
Wooden — 46. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

The  Convention  took  a  recess  until  8  o’clock. 


t 


460 


EVENING-  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Billingsley,  Blackiston,  Bond,  Briscoe,  Brooks,  Carter,  Cham¬ 
bers,  Clarke,  Crawford,  Davis,  of  Charles,  Dennis,  Dent, 
Duvall,  Gale,  Harwood,  Hatch,  Henkle,  Hoffman,  Horsey, 
Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Lansdale, 
Larsli,  Mace,  Marbury,  Morgan,  Negley,  Noble,  Parker, 
Parran,  Peter,  Ridgely,  Schley,  Schlosser,  Smith,  of  Carroll, 
Smith,  of  Dorchester,  Sneary,  Sykes,  Thomas,  Thruston, 
Turner,  Valliant,  Wilmer — 48. 

There  being  no  quorum  present, 

Mr.  Farrow  moved  a  call  of  the  Convention; 

The  motion  being  sustained, 

The  roll  was  called,  and  the  following  members  responded: 

Messrs.  Goldsborough,  (Pres’t,)  Abbott,  Annon,  Audoun, 
Berry,  of  Prince  George’s  Brown,  Cunningham,  Cushing, 
Dail,  Daniel,  Davis,  of  Washington,  Dellinger,  Earle,  Ecker, 
Edelen,  Farrow,  Galloway,  Green,  Hebb,  Hodson,  Hollyday, 
Hopkins,  Hopper,-  Keefer,  Kennard,  King,  Lee,  Markey, 
Mayhugh,  McComas,  Mitchell,  Miller,  JVlullikin,  Murray, 
Nyman,  Pugh,  Purnell,  Robinette  Russell,  Sands,  Scott, 
Smith,  of  Worcester,  Stirling,  Stockbridge,  Swope,  Wickard, 
W~ooden — 47. 

On  motion  of  Mr.  Murray, 

The  Sergeant-at-Arms  was  sent  after  the  absent  members. 

On  motion  of  Mr.  Berry,  of  Prince  George’s  ; 

The  Convention  adjourned. 


% 


461 


THURSDAY,  August  11th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  Members  present  except  the  following  : 

Messrs.  Audoun,  Baker,  Barron,  Belt,  Berry,  of  Baltimore 
county,  Billingsley,  Blackiston,  Bond,  Briscoe,  Carter, 
Chambers,  Clarke,  Crawford,  Cushing,  Dennis,  Dent,  Duvall, 
Gale,  Harwood,  Iienkle,  Horsey,  Johnson,  Jones,  of  Cecil, 
Jones,  of  Somerset,  Lansdale,  Larsli,  Mace,  Marbury,  Neg- 
ley,  Noble,  Parran,  Peter,  Ridgely,  Sands,  Schley,  Schlosser, 
Smith,  of  Dorchester,  Todd,  Turner — 39. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Purnell  submitted  the  following  resolution  : 

Resolved,  That  this  Convention  will  adjourn  sine  die  on 
Wednesday  the  31st  inst.,  unless  adjourned  at  an  earlier  day 
in  consequence  of  having  tinished  the  business  for  which  it 
was  called. 

Which  was  read 'the  first  time. 

The  Convention  proceeded  to  the  consideration  of  the  re¬ 
port  of  the  Committee  on  the  Treasury  Department. 

Mr.  Stirling  submitted  the  following  amendment : 

Sec.  2,  last  line,  strike  out  the  words  “shall  be/’  and  in¬ 
sert  “are  nowr,  or  may  be  hereafter;” 

Decided  in  the  affirmative. 

Mr.  Miller  submitted  the  following  amendment. 

Strike  out  the  word  “Legislature,”  and  insert  “General 
Assembly;” 

Decided  in  the  affirmative. 

Mr.  Miller  submitted  the  following  amendment : 

Sec.  4,  last  line,  strike  out  the  words  “shall  be,”  and  insert 
the  words  “are  now  or  may  be  hereafter;” 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment: 


462 


Sec.  4,  line  two,  after  the  word  “each”  insert  the  word 
“regular;” 

J)ecided  in  the  affirmative. 

Mr.  Scott  moved  to  reconsider  the  vote  bv  which  the 

«/ 

amendment  was  adopted  fixing  the  salary  of  the  Comptrol¬ 
ler  at  twenty-five  hundred  dollars  : 

Decided  in  the  negative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

On  motion  of  Mr.  Audoun, 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  Committee  on  the  Elective  Franchise. 

Mr.  Brown  submitted  the  following  amendment: 

Strike  out  the  entire  report  submitted  by  the  Majority  of 
said  Committee,  and  insert  in  lieu  thereof  the  report  submit¬ 
ted  by  the  Minority  of  said  Committee  ; 

Pending  which, 

The  Convention  proceeded  to  the  consideration  of  the  second 
section  of  the  Majority  Report. 

Mr.  Stirling  submitted  the  following  amendment : 

Sec.  1,  line  eight,  strike  out  the  words  “free  white  male,” 
and  insert  the  word  “such  ;” 

Decided  in  the  affirmative. 

Line  8,  strike  out  all  after  the  word  “'person,”  to  the  word 
“being”  in  line  11  ; 

Decided  in  the  affirmative. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

Sec.  1st.,  line  seven,  after  the  word  “held,”  insert  “and 
all  persons  shall  be  considered  loyal  who  have  not  been  con¬ 
victed  in  some  Court  of  Law  of  disloyalty  ;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Davis,  of  Charles,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 


463 


Affirmative. 


Messrs. 

Edelen, 

Mitchell, 

Berry,  of  P.  Geo., 

Hod  son, 

Holly  day, 

Miller, 

Brown, 

Morgan, 

Bail, 

Davis,  of  Charles, 

Lee, 

Negative. 

Wilmer — 12. 

Messrs. 

Hebb, 

.Robinette, 

GoldshoroughjP’t 

Hoffman, 

Russell, 

Abbott, 

Hopkins, 

Scott, 

Annan, 

Hopper, 

Keefer, 

Smith,  of  Carroll, 

Audoun, 

Smith,  of  Wor. 

Brooks, 

Kennard, 

Sneary, 

Cunningham, 

King, 

Stilling, 

Cushing, 

Mar  key, 

Stockbridge, 

Daniel,  • 

Mayh  ugh, 

Swope, 

Davis,  of  Wash., 

McComas, 

Sykes, 

Thomas, 

Dellinger, 

Mullikin, 

Earle, 

Murray, 

Thruston, 

Ecker, 

Nyman, 

Parker, 

Todd , 

Farrow, 

Galloway, 

Valliant, 

Pugh, 

Purnell, 

Wickard, 

Greene, 

Hatch, 

Wooden — 48. 

So  the  question 
negative. 

upon  its  adoption 

was  decided  in  the 

Mr.  Stockbridge  : 

submitted  the  following  amendment : 

Insert  before  “every,”  in  line  one,  “ 

at  all  elections  here- 

after  to  be  held  in  this  Slate  the  vote 

shall  be  by  ballot,” 

and  strike  out  from 

“effect,”  in  line  seventeen  to  “ballot,” 

in  line  eighteen  ; 

Pending  the  consideration  of  which. 

On  motion  of  Mr.  Scott, 

The  further  consideration  of  section  one  was  informally 
passed  over. 

Section  2,  was  then  taken  lip. 

Mr.  Stirling  submitted  the  following  amendments: 

Strike  out  section  two  and  insert: 

“Sec.  2.  No  person  who  has  at  any  time  been  in  armed 
hostility  to  the  United  States  or  the  lawlul  authorities  thereof 


V 


464 

or  who  lias  been  in  any  manner  in  the  service  of  the  so  called 
“Confederate  States  of  America;”  and  no  person  who  since 

the - has  voluntarily  left  this  State 

and  gone  within  1  he  milirary  lines  of  the  so  called  Confede¬ 
rate  States  or  armies,  unless  he  shall  have  gone  by  the  authori¬ 
ty  of  the  United  States;  and  no  person  who  has  given  any  aid, 
comfort,  countenance  or  support  to  those  engaged  in  armed 
hostility  to  the  United  States,  or  in  any  manner  adhered  to 
the  enemies  of  the  United  States,  either  by  contributing  to 
the  enemies  of  the  United  States,  or  unlawfully  sending  with¬ 
in  the  lines  of  such  enemies  money  or  goods,  or  letters,  or 
information,  or  who  has  disloyally  held  communication  with 
the  enemies  of  the  United  States,  or  who  has  advised  any 
person  to  enter  the  service  of  the  said  enemies,  or  aided  any 
person  so  to  enter,  or  who  has  by  any  open  deed  or  word  de¬ 
clared  his  adhesion  to  the  cause  of  the  enemies  of  the  United 
States,  or  his  desire  for  the  triumph  of  said  enemies  over  the 
arms  of  the  United  States  shall  ever  be  entitled  to  vote  at  any 
election  to  be  held  in  this  State,  or  to  hold  any  office  of  honor, 
profit  or  trust  under  the  laws  of  this  State,  unless  since  such 
unlawful  acts  he  shall  have  voluntarily  entered  into  military 
service  of  the  United  States,  and  been  honorably  discharged 
therefrom,  or  be  on  the  day  of  election  actually  and  voluntarily 
in  such  service,  or  unless  he  shall  be  restored  to  his  full  rights 
of  citizenship  by  an  act  of  the  General  Assembly  passed  by  a 
vote  of  two  thirds  of  all  the  members  elected  to  each  House; 
and  it  shall  be  the  duty  of  ail  officers  of  Registration  and 
Judges  of  election  carefully  to  exclude  from  voting  or  being 
registered  all  persons  so  as  above  disqualified;  and  the  Judges 
of  election  at  the  first  election  held  under  this  Constitution 
shall  and  at  any  subsequent  election  may  administer  to  any 
person  offering  to  vote  the  following  oath  or  affirmation:  I  do 
swear  or  affirm  that  I  am  a  citizen  of  the  United  States,  that 
I  have  never  given  any  aid,  countenance  or  support  to  those 
in  armed  hostility  to  the  United  States,  that  I  have  never 
expressed  a  desire  for  the  triumph  of  said  enemies  over  the 
arms  of  the  United  States,  and  that  I  will  bear  true  faith  and 
allegiance  to  the  United  States  and  support  the  Constitution 
and  laws  thereof  as  the  supreme  law  of  the  land  any  law  or 
ordinance  of  any  State  to  the  contrary  notwithstanding,  and 
will  in  all  respects  demean  myself  as  a  loyal  citizen  of  the 
United  States,  and  I  swear  this  without  any  reservation  or 
evasion;  and  any  person  declining  to  take  such  oath  shall  not 
be  allowed  to  vote,  but  the  taking  of  such  oath  shall  not  be 
deemed  conclusive  evidence  of  the  right  of  such  person  to  vote; 
any  person  swearing  or  affirming  falsely  shall  be  liable  to 
penalties  of  perjury;  and  it  shall  be  the  duty  of  the  proper 
officers  of  Registration  to  allow  no  person  to  be  registered 


4  65 


until  he  shall  have  taken  the  oath  or  affirmation  above  set 
out,  and  it  shall  he  the  duty  of  the  Judges  of  election  in  all 
returns  of  the  first  election  held  under  this  Constitution  to 
state  in  their  returns  that  every  person  who  has  voted  has 
taken  such  oath  or  affirmation.’ ’ 

Mr.  Farrow  moved  to  fill  up  the  blank  by  inserting  the 
first  day  of  June,  1861  ; 

Mr.  Davis,  of  Charles  moved  to  insert  “the  first  day  of 
January,  1865 

The  question  being  on  the  adoption  of  the  amendment ; 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
navs, 

4/  J 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 

Messrs. 

Edelen, 

Mitchell, 

Berry,  of  P.  Geo., 

Plod  son, 

Miller, 

Brown, 

Hollyday, 

Morgan, 

Dail, 

Lee, 

Wilmer — 12. 

Davis,  of  Charles, 

Negative. 

Messrs. 

Plebb, 

Pobinette, 

Goldsborough,  P’t 

Hoffman, 

Russell, 

Abbott, 

Hopkins, 

Scott, 

Annan, 

Hopper, 

Smith,  of  Carroll 

Audoun, 

Keefer, 

Smith,  of  Wor., 

Brooks, 

Kennard, 

Sneary, 

Cunningham, 

King, 

Stirling, 

Cushing, 

Markey, 

Stockbridge, 

Daniel, 

May  h  ugh, 

Swope, 

Davis,  of  Wash., 

McComas, 

Sykes, 

Dellinger, 

Mullikin. 

Thomas, 

Earle, 

Murray, 

Thruston, 

Ecker, 

Nyman, 

Todd, 

Farrow, 

Parker, 

Yalliant, 

Galloway, 

Pugh, 

Wickard, 

Greene, 

Purnell, 

Wooden — 48. 

Hatch,  , 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

59 


466 


Mr.  Cashing  moved  to  insert  “the  first  day  of  January, 
1862  ;” 

Decided  in  the  negative. 

The  amendment  of  Mr.  Farrow  was  then  withdrawn. 

By  general  consent,  Mr.  Stirling  modified  his  amendment 
as  follows  : 

Strike  out  the  words  before  the  blank  “since  the.  ’  ’  After  the 
word  “armies/’  in  the  first  clause  of  the  amendment  insert 
the  words  “with  the  purpose  of  adhering  to  said  States  or 
armies. 

Strike  out  the  words  “unless  he  shall  have  gone  by  the 
authority  of  the  United  States.” 

Mr.  Berry,  of  Prince  George’s,  submitted  the  following 
amendment : 

Insert  in  the  amendment,  after  the  word  “person,”  preced¬ 
ing  the  oath,  the  words  “when  challenged  by  a  legally  quali¬ 
fied  voter,  resident  of  said  district  or  ward  in  which  the  vote 
is  offered  ;” 


The  question  being 

on  the  adoption 

of  the  amendment  ; 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and 

Affirmative. 

appeared  as  follows : 

Messrs. 

Edelen, 

Mitchell, 

Berry,  of  P.  G. 

Hodson, 

Miller, 

Brown, 

Hollyday, 

Morgan, 
Wilmer— 12. 

Dail, 

Davis,  of  Charles, 

Lee, 

Negative. 

Messrs. 

Hatch, 

Purnell, 

Goldsborough,  P’t 

Hebb, 

Bobinette, 

Abbott, 

Hoffman, 

Bussell, 

Annan, 

Hopkins, 

Scott, 

Audoun, 

Hopper, 

Smith,  of  Carroll, 

Brooks, 

Keefer, 

Kennard, 

Sneary, 

Cunningham, 

Stirling, 

Cashing, 

King, 

Stockbridge, 

Daniel, 

Markey, 

Swope, 

Davis,  of  Wash., 

467 

Mayhugh, 

McComas, 

Sykes, 

Dellinger, 

Thomas, 

Earle, 

Mullikin, 

Thruston, 

Ecker, 

Murray, 

Todd, 

Farrow, 

Nyman, 

Yalliant, 

Galloway, 

Parker, 

Wickard, 

Greene, 

Pugh, 

Wooden — 47. 

So  the  question 

upon  its  adoption 

was  decided  in  the 

negative. 

The  question  then  being  on  the  adoption  of  the  amend- 

ment,  submitted  by  Mr.  Stirling  ; 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 

nays, 

The  demand  being 
The  yeas  and  nays 

sustained, 

were  called,  and  appeared  as  follows : 

Messrs. 

Affirmative. 

Hatch, 

Robinette, 

Goldsborough,P’t 

Hebb, 

Russell, 

Abbott, 

Hoffman, 

Scott, 

Annan, 

Audoun, 

Hopkins, 

Smith,  of  Carroll, 

Hopper, 

Smith,  of  Wor., 

Brooks, 

Keefer, 

Sneary, 

Cunningham, 

Kennard, 

Stirling, 

Cushing, 

Mar  key, 

Stockbridge, 

Daniel, 

Mayhugh, 

Swope, 

Sykes, 

Davis,  of  Wash., 

McComas, 

Dellinger, 

Mullikin, 

Thomas, 

Earle, 

Ecker, 

Murray, 

Thruston, 

Nyman, 

Todd, 

Farrow, 

Galloway, 

Parker, 

Yalliant, 

Pugh, 

Wickard, 

Greene, 

Purnell, 

Wooden — 47. 

Messrs. 

Negative. 

Edelen, 

Mitchell, 

Berry,  of  P.  Geo. 

Hodson, 

Miller, 

Morgan, 

Wilmer — 12. 

Brown, 

Hollyday, 

Dail, 

Lee, 

Davis,  of  Charles, 

So  the  question  upon  its  adoption  was  decided  in  the 

affirmative. 

Mr.  Stockbridge  submitted  the  followin 

g  amendment : 

468 


Add  to  end  of  section,  the  words  “or  affirmation  ;” 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  tlie  following  amendment : 

Add  to  the  end  of  the  section  the  following  words  : 

“But  the  provisions  of  this  section,  in  relation  to  acts 
against  the  United  State,  shall  not  apply  to  any  person  not  a 
citizen  of  the  United  States  who  shall  have  committed  such 
acts  while  in  the  service  of  some  foreign  country,  at  war 
against  the  United  States,  and  who  has  since  such  acts,  been 
naturalized  or  may  be  naturalized  under  the  Laws  of  the 
United  States,  and  the  oath  above  set  forth  shall  he  taken  in 
the  case  of  such  persons  in  such  sense  ;” 

Decided  in  the  affirmative. 

Mr.  Audoun  submitted  the  following  amendment : 

Amend  by  adding  “before  the  officers  of  registration” 
above  mentioned  “shall  proceed  to  act  as  such  they  shall  take 
and  subscribe  to  the  oath  aforesaid;” 

Decided  in  the  negative. 

On  motion  of  Mr.  Scott, 

The  Convention  returned  to  the  consideration  of  section  one 
of  the  report. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Stockbridge,  to  wit: 

Insert  before  “every”  in  line  one,  “at  all  elections  hereafter 
to  be  held  in  this  State  the  vote  shall  be  bv  ballot,”  and  strike 
out  from  “effect”  in  line  seventeen  to  “ballot”  in  line 
eighteen. 

It  was  decided  in  the  negative. 

Mr.  Scott  submitted  the  following  amendment : 

Sec.  1,  strike  out  all  to  the  word  “and”  in  the  eighteenth 
line,  and  insert: 

“All  elections  shall  be  by  ballot,  and  every  white  male  citi¬ 
zen  of  the  United  States  of  the  age  of  twenty  one  years  or 
upwards,  who  shall  have  resided  in  the  State  one  year  next 
preceding  the  election,  and  six  months  in  the  city  of  Balti¬ 
more  or  in  any  county,  shall  be  entitled  to  be  registered  as  a 
legal  voter  ;  and  such  registration  made  in  accordance  with 
such  provisions  as  the  General  Assembly  may  prescribe;  to¬ 
gether  with  the  muster  rolls  of  all  such  soldiers  as  may  be 


469 


entitled  to  be  registered  in  the  State,  and  who  may  be  serv¬ 
ing  in  the  army  of  the  United  States,  shall  be  held  and 
taken  as  the  only  evidence  of  qualification  to  vote  at  any 
election  hereafter,  and  the  General  Assembly  shall  by  law 
provide  for  taking  the  votes  of  soldiers  serving  in  the  army 
of  the  United  States,  in  the  field.” 


Mr.  Dellinger  called  the  previous  question  ; 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  amend¬ 
ment, 


Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 

navs. 

«/ 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Brooks, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 

Galloway, 


Affirmative. 

Greene, 

Hatch, 

Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

King, 

Mar  key, 

Mayhugh, 

Mullikin, 

Murray, 

Nyman, 

Parker, 

Pugh, 

Purnell, 

Negative. 


Bobinette, 

Bussell, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thruston, 

Todd, 

Yalliant, 

Wickard, 

Wooden — 44. 


Messrs. 

Berry,  of  P.  Geo. 
Brown, 

Dail, 


Davis,  of  Charles,  Mitchell, 
Edelen,  Miller, 

Hollyday,  Morgan, 

Lee,  Wilmer — 11. 


So  the  question 
affirmative. 


upon  its  adoption  was  decided  in  the 


470 


On  motion  of  Mr.  Purnell, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Bond, 
Briscoe,  Brooks,  Brown,  Carter,  Chambers,  Clarke,  Crawford, 
Dail,  Daniel,  Davis,  of  Charles,  Dennis,  Dent,  Duvall,  Gale, 
Greene,  Harwood,  Hatch,  Hebb,  Henkle,  Horsey,  Johnson, 
Jones,  of  Cecil,  Jones,  of  Somerset,  Lansdale,  Larsh,  Mace, 
Marbury,  Negley,  Noble,  Parran,  Peter,  Ridgely,  Sands, 
Schley,  Schlosser,  Smith,  of  Dorchester,  Thomas,  Turner, 
Valliant,  Wickard,  Wilmer — 48. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Edelen, 

The  Convention  adjourned. 


FRIDAY,  August  12th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Blackiston,  Briscoe,  Chambers,  Clarke,  Crawford,  Dail, 


471 


Daniel,  Dent,  Duvall,  Gale,  Greene,  Hebb,  Henlde,  Horsey, 
Johnson,  Lansdale,  Larsh,  Marbury,  Negley,  Noble,  Parran, 
Peter,  Schley,  Schlosser,  Smith,  of  Carroll — 29. 

The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Swope, 

It  was  ordered  to  be  entered  on  the  Journal,  that  Mr. 
Smith,  of  Carroll,  is  absent  from  his  seat  on  account  of 
urgent  business. 

Mr.  Holly  day  was  excused  from  attending  the  sessions  of 
the  Convention  for  a  few  days. 

The  Convention  proceeded  to  the  consideration  of  the  Re¬ 
port  of  the  Committee  on  the  Elective  Franchise  ; 

The  question  being  on  the  adoption  of  section  one,  as 
amended  by  Mr.  Scott ; 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Affirmative. 

Hopkins, 

Robinette, 

Goklsborough,  P’t 

Hopper, 

Russell, 

Abbott, 

Jones,  of  Cecil, 

Sands, 

Annan, 

Keefer, 

Scott, 

Audoun, 

Kennard, 

Smith,  of  Wor., 

Carter, 

King, 

Sneary, 

Cur  iingham, 

Markey, 

Stock  bridge, 

Cushing, 

May  hug  h, 

Swope, 

Davis,  of  Wash., 

McComas, 

Sykes, 

Dellinger, 

JVlullikin, 

Th  omas, 
Thruston, 

Earle, 

Murray, 

Ecker, 

Nyman, 

Todd, 

Farrow, 

Parker, 

Valliant, 

Galloway, 

Pugh, 

VYickard, 

Hatch, 

Purnell, 

Wooden — 46. 

Hoffman, 

Ridgely, 

Messrs. 

Negative. 

Edelen, 

Mitchell, 

Berry,  of  P.  Geo., 

Harwood, 

Miller, 

Billingsley, 

Hodson, 

Morgan, 

Bond, 

Hollyday, 

Smith,  of  Dor., 

472 


Brown,  Jones,  of  Som.,  Turner, 

Davis,  of  Charles,  Lee,  Wilmer — 18. 

Dennis, 

So  the  question  upon  its  adoption  was  decided  in  the  af¬ 
firmative. 

Mr.  Scott  submitted  the  following  amendment : 

Section  5.  Strike  out  all  after  the  word  “be,”  in  the  fifth 
line,  and  insert : 

“That  I  will  be  faithful  and  support  the  Constitution  and 
Laws  of  Maryland,  and  that  I  will,  to  the  best  of  my  skill 
and  judgment,  diligently  and  faithfully,  without  partiality 

or  prejudice,  execute  the  office  of - ,  and  that  since 

the  adoption  of  the  present  Constitution  I  have  notin  any 
manner  violated  the  provisions  thereof  in  relation  to  bribery 
of  voters  or  preventing  legal  or  procuring  illegal  votes  to  be 
given,  (and  if  a  Governor,  Senator,  Member  of  the  House 
of  Delegates  or  Judge,)  that  I  will  not  directly  or  indirectly 
receive  the  profits  or  any  part  of  the  profits  of  any  other  of¬ 
fice  during  the  time  of  my  acting  as - ,  and  that 

•  I  owe  paramount  allegience  to  the  Constitution  and  Govern¬ 

ment  of  the  United  States,  any  law  or  ordinance  of  the  Gen¬ 
eral  Assembly  or  State  Convention  of  Maryland,  to  the  con¬ 
trary  notwithstanding  ;  that  I  will  defend  the  said  Constitu¬ 
tion  and  Government  of  the  United  States  to  the  last  extrem¬ 
ity,  against  every  enemy,  and  that  since  the  commencement 
of  the  civil  war  and  rebellion,  I  have  never  in  any  manner, 
either  directly  or  indirectly  by  word  or  deed,  given  aid  or  en¬ 
couragement  to  those  in  rebellion  against  the  United  States, 
that  I  have  never  sympathised  with  them,  nor  desired  their 
success,  but  have  uniformly  and  at  all  times  denounced  them 
not  only  as  rebels  against  and  traitors  to  their  country,  but 
as  enemies  of  the  human  race.” 

Mr.  Stirling  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  all  after  the  word  “that,”  in  first  line  of  amend¬ 
ment,  and  insert : 

“That  I  will,  to  the  best  of  my  skill  and  ju  Igment,  dili¬ 
gently  and  faithfully,  without  partiality  or  prejudice,  execute 
the  office  of - according  to  the  Con¬ 
stitution  and  Laws  of  this  State,  and  that  since - 

- - - I  have  not  in  any  manner  violated  the 

V 

provisions  of  the  present,  or  of  the  late  Constitution,  in  rela¬ 
tion  to  the  bribery  of  voters,  or  preventing  legal  votes  or  pro¬ 
curing  illegal  votes  to  be  given,  (and  if  a  Governor,  Senator, 


Member  of  the  House  of  Delegates,  or  Judge,)  that  I  will  not 
directly  or  indirectly  receive  the  profits  or  any  part*of  the 
profits  of  any  other  office  during  the  term  of  my  acting  as 

- ;  I  do  further  swear  or  affirm  that 

I  will  hear  true  allegiance  to  the  State  of  Maryland,  and  sup¬ 
port  the  Constitution  and  Laws  thereof,  and  that  I  will  hear 
true  allegiance  to  the  United  States,  and  support,  protect  and 
defend  the  Constitution,  Laws  and  Government  thereof) 
as  the  supreme  law  of  the  land,  any  law  or  ordinance  of  this 
or  any  State  to  the  contrary  notwithstanding;  that  I  have 
never  directly  or  indirectly  by  word,  act  or  deed  given  any  aid, 
comfort  or  encouragement  to  those  in  rebellion  against  the 
United  States  or  the  lawful  authorities  thereof,  but  that  I 
have  been  truly  and  loyally  on  the  side  of  the  United  States 
against  those  in  armed  rebellion  against  the  United  States; 
and  I  do  further  swear  or  affirm  that  I  will,  to  the  best  of  my 
abilities,  protect  and  defend  the  Union  of  the  LTnited  States, 
and  not  allow  the  same  to  be  broken  up  and  dissolved,  or  the 
Government  thereof  to  be  destroyed  under  any  circumstances 
if  in  my  power  to  prevent  it,  and  that  I  will  at  all  times  dis¬ 
countenance  and  oppose  all  political  combinations  having  for 
their  object  such  dissolution  or  desecration.” 

The  question  being  on  the  adoption  of  the  amendment 
to  the  amendment, 

On  motion  of  Mr.  Sands, 

The  further  consideration  of  the  5th  section  was  in-  . 
formally  passed  over. 

Mr.  Stirling  gave  notice  that  when  the  section  was  again 
considered,  he  would  submit  the  following  amendment: 

Amend  section  5  by  adding  at  the  end: 

“And  every  person  holding  any  office  of  trust  or  profit  un¬ 
der  the  late  Constitution  who  shall  be  continued  in  office 
under  this  Constitution,  shall,  within  thirty  days  after  this 
Constitution  shall  have  gone  into  effect,  take  and  subscribe 
the  oath  or  affirmation  above  set  forth,  and  if  any  such  person 
shall  fail  so  to  do,  his  office  shall  be  ipso  facto  vacant.” 

Mr.  Stockbridge  gave  notice  that  when  the  section  was  again 
considered,  he  would  submit  the  following  amendment: 

Sec.  5,  amend  by  inserting  after  “given,”  in  line  fourteen: 

“Nor  have  been  guilty  of  voting  illegally,  nor  concurred  in 
any  fraud,  force,  surprise  or  bribery,  nor  has  any  other  person 
with  my  privity,  consent  or  procurement,  been  guilty  of  or 

60 


474 


accessory  to  any  illegal  voting  or  fraud,  force,  surprise  or 
bribery  m  procuring  my  own  or  any  other  nomination  or  elec¬ 
tion  to  any  office/' 

Mr.  Stoekbridge  submitted  the  following  amendment : 

Strike  out  the  word  “that,”  in  the  first  line. 

Decided  in  the  affirmative. 

Mr.  Cushing  submitted  the  following  amendment : 

Sec.  6,  strike  out  all  to  the  word  “no,”  in  the  fourth  line. 

Mr.  Stirling  submitted  the  following  amendment  to  the 
amendment: 

Insert  after  the  word  “Executive,”  in  the  second  line,  the 
words: 

“Or  unless  he  shall  be  on  account  of  reformation  restored 
to  the  right  of  franchise  by  an  act  of  the  General  Assembly 
passed  by  a  vote  of  two-thirds  of  the  members  elected  to  each 
House;” 

Decided  in  the  negative. 

Mr.  Stirling  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  from  the  word  “unless,”  in  the  second  line,  to 
the  word  “shall,”  in  the  third  line,  and  insert  the  words  “he 
shall  be  restored  to  the  rights  of  franchise  by  the  General 
Assembly  by  a  vote  of  two-thirds  of  the  members  elected  to 
each  House;” 

Decided  in  the  negative. 

Mr.  Edelin  submitted  the  following  amendment  to  the 
amendment : 

Insert  after  the  word  “crime,”  in  the  second  line, 
“or  of  any  crime  punishable  by  the  Constitution  and 
Laws  of  this  State  or  of  the  United  States,  with  confinement 
in  the  Penitentiary:” 

Mr.  Thomas  submitted  the  following  amendment  to  the 
amendment : 

Insert  after  the  word  “years,”  in  the  first  line,  the  words 
“who  shall  have  been  a  second  time  ;” 

Decided  in  the  negative. 

The  question  recurring  upon  the  amendment  submitted  by 
Mr.  Edelin  ; 


475 


It  was  decided  in  the  negative. 

Mr.  Sands  submitted  the  following  amendment  to  the 
amendment : 

Amend  by  striking  out  all  after  tbe  word  “crime,”  in  the 
second  line,  and  insert  “shall  thereafter  be  entitled  to  vote  at 
any  election  in  this  State,  unless  he  shall  produce  to  the 
Judges  of  the  election  at  which  he  shall  offer  to  vote,  a  cer¬ 
tificate  signed  by  six  or  more  lawful  voters,  that  since  his 
discharge  from  the  Penitentiary,  he  has  demeaned  himself  as 
a  sober,  honest,  and  law-abiding  citizen  ;  and  no  lunatic  or 
person  non  compos  mentis  shall  be  entitled  to  vote 

Decided  in  the  negative. 

Mr.  Todd  submitted  the  following  amendment  to  the 
amendment: 

Insert  after  “Executive,”  in  third  line,  “or  unless  he  be 
restored  to  right  of  franchise  by  act  of  the  General  Assem- 

bly 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Cushing  ; 

It  was  decided  in  the  negative. 

Mr.  Thruston  submitted  the  following  amendment : 

Strike  out  the  words  “person  under  guardianship  as  a,” 
in  the  fourth  line,  and  the  words  “as  a,”  in  the  fifth  line. 

Decided  in  the  affirmative. 

Mr.  Itidgely  submitted  the  following  amendment : 

Strike  out  the  section  as  amended  and  insert : 

“No  person  above  twenty-one  years  of  age  convicted  of  any 
infamous  crime,  shall  be  entitled  to  vote,  until  two  years 
shall  have  elapsed  after  his  discharge  from  punishment,  unless 
pardoned  by  the  Executive,  and  no  lunatic,  or  person  non 
compos  mentis,  under  guardianship,  shall  be  entitled  to 
vote  ;” 

Mr.  Sands  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  the  words  “unless  pardoned  by  the  Execu¬ 
tive;” 

'  9 

Mr.  Thurston  called  the  previous  question; 


476 


The  question  being, 

“Shall  the  main  question  he  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  amendment  submitted  by 
Mr.  Sands, 

It  was  decided  in  the  negative. 

The  question  next  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Ridgely,  *  * 

Mr.  Sands  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hopper, 

Sands, 

tBond, 

Jones,  of  Cecil, 

Scott, 

Brown, 

King, 

Smith,  of  Wor., 

"Earle, 

Lee, 

Mace, 

Stockbridge, 

Farrow, 

Swope, 

Galloway, 

Pugh, 

Thomas, 

Hatch, 

Purnell, 

Wilmer — 22. 

.  Hoffman, 

Ridgely, 

Negative. 

Messrs. 

Harwood, 

Nyman, 

G  ol  d  sb  o  r  o  u  gh ,  P  ’  t 

Hopkins, 

Parker, 

Abbott, 

Jones,  of  Som. 

Robinette, 

Annan,  • 

Keefer, 

Russell, 

Audoun, 

Kennard, 

Smith,  of  Dor., 

Berry,  of  P.  G., 

Markey, 

Sneary, 

Billingsley, 

Mayhugh, 

Stirling, 

Brooks, 

Me  Co  mas, 

Sykes, 

Thruston, 

Carter, 

Mitchell, 

Davis,  of  Charles, 

Miller, 

Todd , 

Davis,  of  Wash., 

Morgan, 

Valliant, 

Dennis, 

Mullikin, 

Wickard, 
Wooden — 39. 

Ecker, 

Edelen, 

Murray, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 


The  question  then  recurring  upon  the  adoption  of  the  sec¬ 
tion  as  amended  by  Mr.  Thruston, 

It  was  decided  in  the  affirmative. 


477 


Mr.  Miller  submitted  the  following  amendment : 

Sec.  7.  No  person  in  the  Military  or  Naval  service  of  the 
United  States  shall  be  considered  as  having  acquired  a  resi¬ 
dence  to  vote  because  he  has  been  employed  at  any  barracks, 
forts,  or  naval  station  in  this  State,  without  the  intention 
of  becoming  a  citizen  thereof,  and  no  citizen  shall  be  deemed 
to  have  lost  his  residence  by  reason  of  his  absence  while 
employed  in  the  service  of  this  State  or  the  United  States, 
or  while  engaged  in  navigating  the  waters  thereof,  or  the  high 
seas. 

m 

Mr.  Berry,  of  Prince  George’s,  moved  to  informally  pass 
over  the  consideration  of  the  amendment; 

Decided  in  the  negative. 

The  question  being  on  the  adoption,  of  the  amendment. 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Dennis, 

Mitchell, 

Berry,  of  P.  Geo., 

Edelen, 

Harwood, 

Miller, 

Billingsley, 

Morgan, 

Bond, 

Hollyday, 

Smith,  of  Dor., 

Brown, 

Davis,  of  Charles, 

Jones,  of  Som., 

Turner, 

Lee, 

Negative. 

Wilmer — 17. 

Messrs. 

Hoffman, 

Ridgely, 

Goldsborougli,  P’t 

Hopkins, 

Robinette, 

Abbott, 

Hopper, 

Russell, 

Annan, 

Keefer, 

Sands, 

Audoun, 

Kennard, 

Smith,  of  Wor., 

Brooks, 

King, 

Stirling, 

Stockbridge, 

Carter, 

Markey, 

Cunningham, 
Davis,  of  Wash., 

Mayh  ugh, 
McComas, 

Swope, 

Sykes, 

Dellinger, 

Mullikin, 

Thomas, 

Earle, 

Murray, 

Todd, 

Ecker, 

Nyman, 

Ualliant, 

Farrow, 

Parker, 

AVickard, 

Galloway, 

Pugh, 

Wooden — 43. 

Hatch, 

Purnell, 

478 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Stockbridge  moved  that  the  Convention  proceed  to  the 
consideration  of  the  Report  of  the  Committee  on  the  Judi¬ 
ciary  Department; 

Decided  in  the  negative. 

% 

On  motion  of  Mr.  Stockbridge, 

i 

The  Convention  proceeded  to  the  consideration  of  the 
Report  of  the  Committee  on  the  Executive  Department. 

Mr.  Sands  submitted  the  following  amendment : 

Sec.  2,  strike  out  the  words,  in  the  second  and  third  lines, 
“Tuesday  next  after  the  first  Monday  of  November,  in  the 
year  eighteen  hundred  and  sixty-four;’ ’ 

Decided  in  the  negative. 

Mr.  Miller  submitted  the  following  amendment : 


Strike  out  the  section,  and  insert  the  section  contained  in 
the  Report  of  the  Minority. 


The  question  being 

on  the  adoption  of  the  amendment ; 

♦ 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays 

were  called,  and  appeared  as  follows : 

Affirmative. 

Messrs. 

Harwood, 

Kidgely, 

Berry,  of  P.  Geo. 

Rollyday, 

Smith,  of  Dor. 

Billingsley, 

Jones,  of  Som., 

Thomas, 

Bond, 

Lee, 

Mitchell, 

Turner, 

Davis,  of  Charles, 

Yalliant, 

Dennis, 

Edelen, 

Miller, 

Wilmer — 19. 

Morgan, 

• 

Negative. 

Messrs. 

Hoffman, 

Purnell, 

Goldsborough,P’t 

Hopkins, 

Robinette, 

Abbott, 

Hopper, 

Russell, 

Annan, 

Jones,  of  Cecil, 

Sands,  t  • 

Brooks, 

Keefer, 

Scott, 

Carter, 

Kennard, 

Smith,  of  Wor., 

Cunningham, 

King, 

Sneary, 

I 


479 


Cushing, 

Davis,  of  Wash. 
Dellinger, 

Earle, 

Ecker, 

Farrow, 

Galloway, 

Hatch, 

So  the  question 
negative. 


Mace, 

Markey, 

May  h  ugh, 

Me  Co  mas, 

Mullikiiij 

Murray, 

Parker, 

Pugh,  4 

upon  its  adoption 


Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thruston, 

Todd, 

Wickard, 

Wooden — 44. 

was  decided  in  the 

and  Cun- 
sessions  of  the 


‘  Messrs.  Farrow,  Galloway,  Russell,  Hoffman 

ningnam,  weie  excused  from  attending  the 

Convention  for  a  few  davs. 

«/ 

On  motion  of  Mr.  Smith,  of  Worcester, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Baker  Barron  Belt,  Berry,  of  Baltimore  county, 
Billingsley,  Blackiston,  Bond,  Briscoe,  Brooks,  Chambers 
Clarke,  Crawford,  Dail,  Daniel,  Davis,  of  Charles,  Dennis! 
Dent,  Duvall,  Farrow,  Gale,  Galloway,  Green  Harwood 
Hatch,  Hebb,  Henkle,  Hoffman,  Hollyday,  Horsey  Johnson’ 

Mcr68’01  <M°‘1’  Ke^’LanS(,ale’  Larsh>  Mace^’ Marbury’ 
McOomas  Morgan  Mulhk.n,  Negley,  Noble,  Pa/ran,  Peter 

Russell,  Schley,  Schlosser,  Smith,  of  Carroll,  Smith,  of  Dor- 
WooderU54°maS’  TUrner,  Valliant’  Wlckard>  Wilmer, 


jThere  being  no  quorum  present, 

On  motion  of  Mr.  Miller, 

•  ' 

The  Convention  adjourned. 


480 


SATURDAY,  August  13th,  1864/ 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following  : 

Messrs.  Annan,  Baker,  Barron,  Belt,  Berry,  of  Baltimore 
county,  Billingsley,  Blackiston,  Bond,  Briscoe,  Brown,  Cham¬ 
bers,  Clarke,  Crawford,  Cunningham,  Bail,  Davis,  of  Charles, 
Dennis,  Dent,  Duvall,  Farrow,  Gale,  Galloway,  Greene, 
Hebb,  Henkle,  Hoffman,  Hollyday,  Horsey,  Johnson,  Jones, 
of  Cecil,  Jones,  of  Somerset,  Lansdale,  Larsli,  Mace,  Mar- 
bury,  Mayhugh,  Mitchell,  Morgan,  Negley,  Noble,  Parran, 
Peter,  Russell,  Schley,  Schlosser,  Smith,  of  Carroll,  Stock- 
bridge,  Turner,  Wilmer,  Wooden — 50. 

There  being  no  quorum  present, 

Mr.  Miller  moved  a  call  of  the  Convention  ; 

The  call  being  sustained, 

The  roll  was  called,  and  the  following  members  responded  : 

Messrs.  Goldsborough,  (President,)  Audoun,  Berry,  of 
Prince  George’s,  Brooks,  Carter,  Cushing,  Daniel,  Davis,  of 
Washington,  Dellinger,  Earle,  Ecker,  Eclelen,  Harwood, 
Hatch,  Hudson,  Hopkins,  Hopper,  Keefer,  Kennard,  King, 
Lee,  Markey,  McComas,  Miller,  Mullikin,  Murray,  Nyman, 
Parker,  Pugh,  Purnell,  Ridgely,  Robinette,  Sands,  Scott, 
Smith,  of  Dorchester,  Smith,  of  Worcester,  Sneary,  Stirling, 
Swope,  Sykes,  Thomas,  Thruston,  Todd,  Yalliant,  Wickard, 
Wooden — 46. 

On  motion  of  Mr.  Thomas, 

Further  proceedings  under  the  call  were  dispensed  with. 

Mr.  Thruston  moved  that  the  Convention  do  now  adjourn. 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Thomas  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


481 


Affirmative. 

Messrs. 

Audoun, 

Berry,  of  P.  Geo., 
Carter, 

Cushing, 

Edelen, 

Hodson, 

Kennard, 

Lee, 

Markey, 

Mullikin, 

Murray, 

Nyman, 

Ridgely, 

Robinette, 

Sands, 

Smith,  of  Wor., 
Sneary, 

Stirling, 

Thruston, 

Todd — 20. 

Negative. 

Messrs. 

Goldsborough,  P’t 
Abbott, 

Brooks, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Harwood, 

Hatch, 

Hopkins, 

Hopper, 

Keefer, 

King, 

McComas, 

Miller, 

Parker, 

Pugh, 

Purnell, 

Scott, 

Smith,  of  Dor., 
Swope, 

Sykes, 

Thomas, 
Valliant, 
Wickard — 26. 

So  the  Convention  refused  to  adjourn. 

On  motion  of  Mr.  Purnell, 

The  Convention  adjourned  until  Monday  mornin0*  at  10 
o’clock.  05 


MONDAY,  August  15th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following  : 

Messrs.  Annan,  Baker,  Barron,  Belt,  Berry,  of  Baltimore 

Prince  George’s,  Blackiston,  B  riscoe, 
Brown,  Chambers,  Cunningham,  Dail,  Dennis  Dent,  Du¬ 
vall,  Farrow,  Gale,  Galloway,  Greene,  Harwood,  Hatch,  Hebb 
Henkle,^  Hoffman,  Hollyday,  Hopper,  Horsev,  Johnson’ 
Jones,  of  Cecil,  Jones,  of  Somerset,  Lansdale,  Larsh,  Mace 
61 


482 


Marbury,  Markey,  McComas,  Morgan,  Negley,  Noble,  Par¬ 
ker,  Parran,  Peter,  Pugb,  Ridgely,  Russell,  Sands,  Schley, 
Sneary,  Sykes,  Turner,  Wilmer,  Wooden — 52. 

No  quorum  being  present, 

The  Convention  informally  suspended  proceedings  until 
12^  o’clock,  when  the  roll  was  again  called,  and  the  follow¬ 
ing  members  responded:  • 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Au- 
doun,  Billingsley,  Bond,  Brooks,  Brown,  Carter,  Clarke, 
Crawford,  Cunningham,  Cushing,  Daniel,  Davis,  of  Charles, 
Davis,  of  Washington,  Dellinger,  Earle,  Ecker,  Edelen,  Gal¬ 
loway,  Hodson,  Hopkins,  Hopper,  Jones,  of  Somerset,  Keefer, 
Kennard,  King,  Lee,  McComas,  Mitchell,  Miller,  Mullikin, 
Murray,  Nyman,  Parker,  Pugh,  Purnell,  Robinette,  Russell, 
Sands,  Schlosser,  Scott,  Smith,  of  Carroll,  Smith,  of  Dor¬ 
chester,  Smith,  of  Worcester,  Stirling,  Stockbridge,  Swope, 
Thomas,  Thruston,  Todd,  Yalliant,  Wickard — 54. 

A  quorum  being  present, 

The  proceedings  of  Friday  and  Saturday  were  read  and 
approved . 

Mr.  Todd  submitted  a  petition  from  George  M.  Russell 
and  others,  citizens  of  Caroline  county,  praying  that  provi¬ 
sion  be  made  for  a  session  of  the  Court  of  Appeals  at  Easton; 

Which  was  read. 

On  motion  of  Mr.  Audoun, 

The  said  petition  was  laid  on  the  table. 

The  resolution  submitted  by  Mr.  Purnell,  on  Thursday 
last,  to  wit : 

“That  this  Convention  will  adjourn  sine  die  on  Wednes¬ 
day,  the  31st  inst.,  unless  adjourned  at  an  earlier  day  in  con¬ 
sequence  of  having  finished  the  business  for  which  it  was 
called,” 

Was  taken  up  for  consideration  on  its  second  reading. 

Mr.  King  moved  to  lay  the  resolution  on  the  table. 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Ecker  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


483 


Messrs.' 

x\FFIRMATIVE. 

Bond, 

Miller, 

Abbott, 

Crawford, 

Sands, 

Audoun, 

Davis,  of  Charles, 

Scott — 10. 

Billingsley, 

King, 

Messrs. 

Negative. 

Hodson, 

Purnell, 

Goldsborough,  P’t 

Hopkins, 

Bobinette, 

Annan, 

Brooks, 

Hopper, 

Russell, 

Jones,  of  Som., 

Schlosser, 

Brown, 

Carter, 

Keefer, 

Smith,  of  Carroll, 

Kennard, 

Smith,  of  Dor., 

Clarke, 

Lee, 

Smith,  of  Wor., 

Cunningham, 

Mayhugh, 

McComas, 

Stirling, 

Cushing, 

Stockbridge, 

Daniel, 

Mitchell, 

Swope, 

Thomas, 

Davis,  of  Wash., 

Mullikin, 

Dellinger, 

Murray, 

Thruston, 

Earle, 

Nyman, 

Todd, 

Ecker, 

Parker, 

Valliant, 

Edelen, 

Pugh, 

Wickard — 45. 

Galloway, 

So  the  question  upon  its  adoption  was  decided  in  the 

negative. 

The  question  recurring  upon  the  adoption  of  the  resolu¬ 
tion, 

It  was  decided  in  the  affirmative. 

Mr.  Thomas  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendments  to  the  report  of  the  Com¬ 
mittee  on  the  Judiciary  Department: 

Strike  out  the  19  section  and  insert  the  following: 

“Sec.  19.  The  State  shall  be  divided  into  nine  Judicial 
Circuits,  in  manner  and  form  following,  to  wit  :  St.  Mary’s, 
Charles  and  Prince  George’s  shall  he  the  first;  Anne  Arundel, 
Howard,  Calvert  and  Montgomery  shall  be  the  second;  Fred¬ 
erick  and  Carroll  shall  be  the  third;  Washington,  and  Alle¬ 
gany  shall  be  the  fourth;  Baltimore  city  shall  he  the  fifth; 
Baltimore  county  shall  be  the  sixth;  Harford,  Cecil  and  Kent 
shall  be  the  seventh;  Queen  Anne’s,  Talbot  and  Caroline  shall 
be  the  eighth;  Dorchester,  Somerset  and  Worcester  shall  be 
the  ninth;  and  there  shall  be  elected  as  hereinafter  directed 
for  each  of  said  Judicial  Circuits  except  the  fifth,  one  person 
from  among  those  learned  in  the  law,  and  who  shall  have 


484 


been  a  citizen  of  the  State  at  least  five  years,  and  above  the 
age  of  thirty  years,  at  the  time  of  bis  election,  and  a  resident 
of  the  Judicial  Circuit,  to  be  Judge  thereof,  and  the  said 
Judges  shall  be  styled  Circuit  Judges,  and  shall  respectively 
hold  a  term  of  their  Courts  at  least  twice  in  each  year,  or 
oftener  if  required  by  law,  in  each  county  composing  their 
respective  Circuits,  and  said  Courts  shall  be  called  Circuit 
Courts  for  the  county  in  which  they  may  be  held,  and  shall 
have  and  exercise  in  the  counties  of  this  State,  all  the  power, 
authority  and  jurisdiction,  which  the  Circuit  Courts  of  this 
State  now  have  and  exercise,  or  which  may  hereafter  be  pre¬ 
scribed  by  law,  and  the  said  Judges  in  their  respective  Cir¬ 
cuits  shall  have  and  exercise  all  the  power,  authority  and 
jurisdiction  of  a  Court  of  Chancery.5' 

Strike  out  the  20th  section,  and  insert  the  following  : 

“Sec.  20.  The  Judges  of  the  several  Judicial  Circuits  shall 
be  citizens  of  the  United  States,  and  shall  have  resided  five 
years  in  this  State  and  two  years  in  the  Judicial  Circuit  for 
which  they  may  be  respectively  elected,  next  before  the  time 
of  their  election,  and  shall  reside  therein  while  they  continue 
to  act  as  Judges,  they  shall  be  taken  from  among  those  who 
having  the  other  qualifications  herein  prescribed,  are  most 
distinguished  for  integrity,  wisdom  and  sound  legal  know¬ 
ledge;  and  shall  be  elected  by  the  qualified  voters  of  the  said 

Circuits,  and  shall  hold  their  offices  for  the  term  of - 

years,  removable  for  misbehavior  on  conviction  in  a  Court  of 
Law,  or  by  the  Governor  upon  the  address  of  the  General 
Assembly,  provided  that  two-thirds  of  the  members  of  each 
House  shall  concur  in  such  address,  and  the  said  Judges  (except 
the  fifth  Judicial  Circuit)  shall  each  receive  a  salary  of  three 
thousand  dollars  per  year,  and  the  same  shall  not  be  increased 
or  diminished  during  the  time  of  their  continuance  in  office, 
and  no  Judge  of  any  Court  in  this  State  shall  receive  any 
perquisite,  fee,  commission  or  reward  in  addition  thereto,  for 
the  performance  of  any  judicial  duty.” 

Strike  out  the  21st  section,  and  insert  the  following: 

“Sec.  21.  The  present- Judge  of  the  first  Judicial  Circuit, 
and  the  present  Judge  of  the  second  Judicial  Circuit,  and  the 
present  Judge  of  the  third  Judicial  Circuit,  and  the  present 
Judge  of  the  fourth  Judicial  Circuit,  and  the  present  Judge 
of  the  fifth  Judicial  Circuit,  and  the  present  Judge  of  the 
ninth  Judicial  Circuit  shall  continue  to  act  as  Judge  of  the 
several  Courts  of  their  respective  Circuits,  until  the  expiration 
the  time  for  which  they  have  been  severally  elected,  and  until 
their  successor  is  elected  and  qualified.  The  present  Judge 
of  the  sixth  Judicial  Circuit  shall  be  the  Judge  of  the  seventh 


485 


Jnrliml  Circuit,  and  the  present  Judge  of  the  seventh  Judi¬ 
cial  Circuit  shall  be  the  Judge  of  the  eighth  Judicial  Circuit 
until  the  expnation  of  the  time  for  which  they  have  been  re¬ 
spectively  elected,  and  until  their  successors  are  respectively 
elected  and  qualified,  and  in  case  of  the  death,  resignation 
removal  or  other  disqualification  of  any  of  the  Judges  hereby 
continued  m  office,  the  Governor  by  and  with  the  advice  and 
consent  of  the  Senate  shall  thereupon  appoint  a  person  duly 
qualified  to  fill  said  office,  until  the  next  general  election  for 
Delegates  thereafter,  at  which  time  an  election  shall  he  field 
as  hereinbefore  prescribed  for  a  Judge,  who  shall  hold  said 
°  ce  *or.  —years,  according  to  the  provisions  of  this 
Constitution ;  there  shall  also  be  elected  bv  the  lemil  and 
qualified  voters  of  the  sixth  Judicial  Circuit  on  the  — - _ 

"TN  7  -0/  “  .  7  "  1864,  one  person  to  be 

J  udge  of  said  Circuit,  who  snail  possess  the  same  qualifica¬ 
tions,  exercise  the  same  powers,  receive  the  same  salary,  and 
serve  for  the  same  term  as  prescribed  for  the  Judges  of  the 
several  Circuits/ ’ 

Strike  out  the  24th  section,  and  insert  the  following: 

“Section  24.  The  qualified  voters  of  the  city  of  Baltimore 
and  of  the  several  counties  of  the  State,  shall  on  Tuesdav  next 
after  the  first  Monday  in  the  month  of  November,  1867  and 
on  the  same  day  in  the  same  month  in  every  fourth  year  there¬ 
after  elect  three  men  to  be  Judges  of  the  Orphans’  Court  of 
said  city  and  counties  respectively,  one  of  whom  shall  have 
been  admitted,  to  practice  law  in  this  State  for  at  least  five 
years  before  his  election,  and  who  shall  be  the  Chief  Justice 

0  fir  °!'pilans  C°urh  and  who  shall  be  citizens  of  the  State 
ot  Maryland  and  citizens  of  the  city  or  county  for  which  they 
may  be  severally  elected,  at  the  time  of  their  election,  anil 
each  of  said  Judges  shall  be  paid  an  annual  salary  of  fifteen 
hundred  dollars,  except  the  Chief  Justice,  who  shall  receive 
an  annual  salary  of  two  thousand  dollars,  and  which  shall  be 
paid  by  the  said  counties  and  city  respectively.” 

Strike  out  the  27th  section,  and  insert  the  following: 

“Sec.  27.  There  shall  be  in  the  fifth  Judicial  District,  four 
Courts  to  be  styled  the  Superior  Court  of  Baltimore  city,  the 
r  d‘7  C°Urt  °J  Baltimore  city,  the  Court  of  Common  Pleas 
of  Baltimore  city,  and  the  Criminal  Court  of  Baltimore  city- 
each  Court  to  consist  of  one  Judge,  who  shall  be  elected  by 
the  legal  and  qualified  voters  of  said  city,  and  shall  hold  his 
office  for  the  term  often  years,  subject  to  the  provisions  of 
this  Constitution,  with  regard  to  the  election  and  qualifica¬ 
tion  of  Judges  and  their  removal  from  office,  and  the  salary 


486 


of  each  of  said  J udges  shall  he  three  thousand  five  hundred 
dollars  per  annum,  payable  quarterly.” 

Strike  out  the  28th  section  and  insert  : 

“Sec.  28.  The  Superior  Court  of  Baltimore  city,  shall  have 
jurisdiction  over  all  suits  where  the  debt  or  damage  claimed 
shall  exceed  the  sum  of  five  hundred  dollars,  and  in  case  any 
plaintiff  or  plaintiffs  shall  recover  less  than  the  sum  or  value 
of  five  hundred  dollars,  he  or  they  shall  be  allowed  or  ad¬ 
judged  to  pay  costs  in  the  discretion  of  tho  Court.  The  said 
Court  shall  also  have  jurisdiction  in  all  other  civil  cases, 
which  are  not  assigned  to  the  Court  of  Common  Pleas  and 
the  Equity  Court  of  Baltimore  city.” 

Strike  out  sec.  29,  and  insert  the  following  : 

“Sec.  29.  The  Court  of  Common  Pleas  shall  have  civil 
jurisdiction  in  all  suits  where  the.  debt  or  damage  claimed 
shall  be  over  one  hundred  dollars,  and  shall  not  exceed  five 
hundred  dollars,  and  shall  also  have  original  jurisdiction  in 
actions  of  replevin — where  the  thing  replevied  does  not  ex¬ 
ceed  five  hundred  dollars  in  value,  and  shall  also  have  juris¬ 
diction  in  all  cases  of  appeal  in  civil  cases  from  the  judg¬ 
ment  of  Justices  of  the  Peace  in  tire  said  city,  and  shall  have 
jurisdiction  in  all  applications  for  the  benefit  of  the  insolvent 
laws  of  this  State,  and  the  supervision  and  control  of  the 
trustees  thereof.” 

Strike  out  the  30tli  section  and  insert  the  following  : 

“The  Equity  Court  of  Baltimore  city,  shall  have  exclusive 
jurisdiction  as  a  Court  of  Equity,  within  the  limits  of  the 
said  city,  and  shall  not  have  jurisdiction  in  applications  for 
the  writ  of  habeas  corpus.” 

Strike  out  section  31,  and  insert  the  following  : 

“Sec.  31.  The  Criminal  Court  of  Baltimore  city,  shall  have 
jurisdiction  of  all  crimes  and  offences  committed  in  said  city, 
and  shall  exercise  all  the  jurisdiction  now  exercised  by  the 
Criminal  Court  of  said  city,  and  shall  have  jurisdiction  in  all 
cases  of  appeals  from  Justices  of  the  Peace  for  the  recovery 
of  fines,  penalties,  and  forfeitures,  and  such  other  jurisdic¬ 
tion  as  the  Legislature  may  from  time  to  time  prescribe.” 

Strike  out  section  32,  and  insert  the  following  : 

“Sec.  32.  There  shall  be  a  Clerk  of  the  Superior  Court  of 
Baltimore  city,  and  a  Clerk  of  the  Equity  Court  of  Baltimore 
city,  and  a  Clerk  of  the  Court  of  Common  Pleas  of  Balti¬ 
more  city,  and  a  Clerk  of  the  Criminal  Court  of  Baltimore 


487 


• 

city,  and  each  of  the  said  Clerks  shall  be  elected  by  the  le^al 
and  qualified  voters  of  said  city,  and  shall  hold  his  office  for 
six  years  from  the  first  day  of  January  succeeding  his  elec- 
tion  and  until  his  successor  is  elected  and  qualified,  and  be 
re-eligible  thereto,  subject  to  be  removed  for  wilful  neglect 
ot  duty  or  other  misdemeaner  in  office  on  conviction  in  a 
Court  ot  Law  In  case  of  a  vacancy  in  the  office  of  a  Clerk 
of  any  of  said  Courts  the  Judge  of  the  Court,  of  which  he 
was  Cleric,  shall  have  the  power  to  appoint  a  Clerk  until  the 
general  election  of  Delegates  held  next  thereafter,  when  a 

vacant^  **  ele°ted  th<S  residue  of  t!le  term  tllus  made 
Strike  out  section  38,  and  insert : 

“Sec.  33.  That  Clerk  of  the  Court  of  Common  Fleas,  shall 
have  authority  to  issue  within  said  city,  all  marriage  and 
other  licences  required  by  law,  subject  to  such  provisions  as 
the  Legislature  have  now  or  may  hereafter  prescribe,  and  the 
Clerk  o  the  Superior  Court  of  said  city  shall  have  the  custody  of 

1 1  i  papers  now  remaining  in 

the  office  ot  said  Court,  and  shall  hereafter  receive  and  record 
all  deeds,  conveyances  and  other  papers  which  are  required 
by  law  to  be  recorded  in  said  city.  He  shall  also  have  custo- 
ci>  of  ail  other  papers  connected  with  the  proceedings  on  the 
Law  or  Lquity  side  of  Baltimore  County  Court,  and  of  the 

Baltfmoree”e0f  S°  ^  88  th®  Same  have  relation  to  ‘he  city  of 

Strike  out  section  34,  and  insert  the  following  • 

thin60'  f>nhe  Rrese1i?  Clerk  of  tlie  Superior  Court,  and  of 
the  Court  of  Common  Pleas,  and  of  the  Criminal  Court,  shall 

ontinue  to  act  as  Clerks  of  said  Courts  respectively,  for  the 

time  which  they  were  severally  elected,  and  in  case  of  the 

death,  resignation  or  disqualification  of  either  of  said  Clerks 

efoi  e  the  expiration  of  the  time  for  which  they  were  elected, 

the  Judge  ot  the  Court,  where  such  death,  resignation  or  dis- 

q  lalification  may  occur,  shall  have  the  power  to  appoint  a 

leik  as  piovided  by  the  33rd  section  of  this  Article.  The 

Clerk  of  the  present  Circuit  Court  of  Baltimore  city,  shall 

citvtlMUnt°i|a0n  a!  Pe,r.kof,the  Equity  Court  of  Baltimore 
sembK-ntl  ]th°  firi^  el.ectj.on  for  members  of  the  General  As- 
semWy ,  when  a  Clerk  of  said  Equity  Court  shall  be  elected, 
m  accordance  with  the  provisions  of  this  Constitution.” 

Strike  out  section  35,  and  insert  the  following  : 

,i;JSeC'i  tke  cases  and  proceedings  pending  and  un- 

.  posed  of,  on  the  Lquity  side  of  the  Superior  Court,  shall 


488 


after  the  adoption  of  this  Constitution,  he  transmitted  by  the 
Clerk  of  the  Superior  Court  to  the  Clerk  of  the  Equity  Court 
of  said  city,  under  such  regulations  as  the  Judge  of  said 
Superior  Court  may  deem  necessary  and  proper.” 

Mr.  Audoun  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment  to  the  report  of  the  Co/n- 
mittee  on  the  Judiciary  Department : 

Substitute  for  section  37; 

“The  General  Assembly  at  its  first  session  after  the  adop¬ 
tion  of  this  Constitution,  shall  fix  the  number  of  Justices  of 
the  Peace  and  Constables  for  each  ward  of  the  City  of  Balti¬ 
more, -and  for  each  election  district  in  the  several  counties, 
who  shall  be  elected  by  the  legal  and  qualified  voters  thereof 
respectively  at  the  next  general  election  for  delegates  there¬ 
after,  and  shall  hold  their  offices  for  two  years  from  the  time 
of  their  election,  and  until  their  successors  in  office  are  elected 
and  qualified  ;  and  the  General  Assembly  may,  from  time  to 
time,  increase  or  diminish  the  number  of  Justices  of  the 
Peace  and  Constables  to  be  elected  in  the  several  wards  and 
election  districts,  as  the  wants  and  interests  of  the  people 
may  require.  They  shall  be,  by  virtue  of  their  offices,  con¬ 
servators  of  the  peace  in  the  said  counties  and  city  respec¬ 
tively,  and  shall  have  such  duties  and  compensation  as  now 
exist,  or  ma}7,  be  provided  for  by  law.  In  the  event  of  a 
vacancy  in  the  office  of  a  Justice  of  the  Peace,  the  Governor 
shall  appoint  a  person  to  serve  as  Justice  of  the  Peace,  until 
the  next  regular  election  of  said  officers,  and  in  case  of  a 
vacancy  in  the  office  of  Constable,  the  County  Commissioners 
of  the  county  in  whicli  a  vacancy  may  occur,  or  the  Mayor 
and  City  Council  of  Baltimore,  as  the  case  may  be,  shall  ap¬ 
point  a  person  to  serve  as  Constable  until  the  next  regular 
election  thereafter  for  said  officers.  An  appeal  shall  lie  in 
all  civil  cases  from  the  judgment  of  a  Justice  of  the  Peace  to 
the  Circuit  Court,  or  to  the  Court  of  Common  Pleas  of  Balti¬ 
more  city,  as  the  case  may  be,  and  on  all  such  appeals,  either 
party  shall  be  entitled  to  a  trial  by  Jury,  according  to  the 
laws  now  existing,  or  which  may  be  hereafter  enacted.  And 
the  Mayor  and  City  Council  of  Baltimore  shall  have  the  ex¬ 
clusive  power  to  create  organize  and  govern  such  Police  force 
for  the  good  government  of  said  City  as  they  may  deem  ne¬ 
cessary 

Substitute  for  section  38  ; 

“There  shall  fie  elected  in  each  County  and  in  the  City  of 
Baltimore,  every  second  year,  two  persons  for  the  office  of  She¬ 
riff  for  each  county,  and  two  for  the  said  city,  the  one  of  whom 


489 


having  the  highest  number  of  votes  of  the  qualified  voters  of 
said  county  or  city,  or  if  both  have  an  equal  number,  either 
of  them,  at  the  discretion  of  the  Gfovernor  to  be  commissioned 
by  the  Governor  for  said  office,  and,  having  served  for  two 
years,  such  persons  shall  be  ineligible  for  the  two  years  next 
succeeding  ;  bond  with  security,  to  be  taken  every  year,  and 
no  Sheriff  shall  be  qualified  to  act  before  the  same  be  given. 
In  case  of  death,  refusal,  disqualification  or  removal  out  of 
the  county,  before  the  expiration  of  the  said  two  years,  the 
other  person  chosen  as  aforesaid,  shall  be  commissioned  by 
the  Governor  to  execute  the  said  office  for  the  residue  of  the 
said  two  years,  the  said  person  giving  bond  with  security  as 
aforesaid.  No  person  shall  be  eligible  to  the  office  of  Sheriff 
but  a  resident  of  such  county  or  city  respectively,  who  shall 
have  been  a  citizen  of  this  State  at  least  five  years  preceeding 
his  election,  and  above  the  a^e  of  twenty-one  years.  The 
two  candidates,  properly  qualified,  having  the  highest  num¬ 
ber  of  legal  ballots,  shall  be  declared  duly  elected  for  the 
office  of  Sheriff  for  such  county  or  city,  and  returned  to  the 
Governor,  with  a  certificate  of  "the  number  of  ballots  for  each 
of  them 

Mr.  Daniel  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment  to  part  5  of  the  report  of 
the  Committee  on  the  J udiciary  Department,  relating  to  the 
Courts  of  Baltimore  citv,  being  from  section  27  to  section  86, 
inclusive  : 


Courts  op  Baltimore  City. 

Sec.  — .  There  shall  be  in  the  Eighth  Judicial  Circuit  three 
Courts,  to  be  styled  the  Superior  Court  of  Baltimore  city,  the 
Court  of  Common  Pleas  of  Baltimore  city  and  the  Criminal 
Court  of  Baltimore  city  ;  the  said  Superior  Court  shall  con¬ 
sist  of  three  Judges;  and  the  said  Court  of  Common  Pleas 
and  Criminal  Court  of  one  Judge  each,  all  of  whom  shall  be 
appointed  in  the  same  manner,  hold  their  offices  for  the  same 
time,  and  have  the  same  general  powers  and  duties  as  are 
herein  prescribed  for  other  J udges  of  Courts  of  Record  in  this 
State. 

Sec.  — .  The  Superior  Court  of  Baltimore  city  shall  have 
jurisdiction  over  all  suits  where  the  debt  or  damage  claimed 
shall  exceed  the  sum  of  one  thousand  dollars,  and  in  case  any 
plaintiff  or  plaintiffs  shall  recover  less  than  the  sum  or  value 
of  one  thousand  dollars,  he  or  they  shall  be  allowed  or  ad¬ 
judged  to  pay  costs  in  the  discretion  of  the  Court.  The  said 
court  shall  also  have  jurisdiction  as  a  Court  of  Equity  within 
the  limits  of  the  said  city  over  all  suits  and  matters  over 

62 


490 


which  the  present  Superior  and  Circuit  Courts  now  exercise 
jurisdiction,  and  in  all  cases  pending  in  the  present  Superior 
Court  at  the  time  of  the  adoption  of  this  Constitution,  where 
the  debt  or  damage  claimed  shall  exceed  the  sum  of  five 
hundred  dollars,  hut  shall  not  exceed  the  sum  of  one  thous¬ 
and,  and  in  all  other  civil  cases  not  herein  after  assigned  to 
the  Court  of  Common  Pleas,  subject  to  such  modifications  as 
may  he  made  by  law,  and  the  Judges  shall  so  apportion  and 
distribute  the  business  of  their  Court  as  shall  best  facilitate 
the  despatch  thereof  and  promote  the  ends  of  justice. 

Sec.  — .  Either  of  the  Judges  of  the  said  Superior  Court 
may  sit  alone  for  the  disposition  of  all  formal  and  uncontested 
business  as  well  as  such  contested  business  as  the  parties  liti¬ 
gant  shall  consent  to  try  before  a  single  Judge  ;  but  it  shall 
be  the  right  of  any  party  to  any  contested  cause  pending  in 
said  Court,  or  that  shall  be  pending  in  either  the  present  Su¬ 
perior  or  Circuit  Courts  of  said  city,  at  the  time  of  the  adop¬ 
tion  of  this  Constitution,  under  such  rules  and  regulations  as 
the  Court  may  prescribe,  to  require  the  presence  of  at  least 
two  of  the  Judges  of  said  Court  at  the  trial  thereof.  No 
order  for  an  injunction  or  the  appointment  of  a  receiver  shall 
be  passsd  without  the  concurrence  of  at  least  two  of  the 
Judges  therein. 

Sec.  — .  One  of  the  Judges  of  said  Superior  Court  shall 
sit  as  Chief  Judge  of  the  Orphans’  Court  of  Baltimore  city. 

Sec.  — .  The  Court  of  Common  Pleas  of  Baltimore  city 
shall  have  jurisdiction  in  all  suits  where  the  debt  or  damage 
claimed  shall  exceed  the  sum  of  one  hundred  dollars,  and 
shall  not  exceed  the  sum  of  one  thousand  dollars,  and  are  not 
already  pending  in  the  Superior  Court  of  Baltimore  city;  and 
shall  also  have  jurisdiction  in  all  cases  of  appeal  from  the 
judgment  of  Justices  of  the  Peace  in  the  said  city,  and  shall 
have  jurisdiction  in  all  applications  for  the  benefit  of  the  in¬ 
solvent  laws  of  the  State,  and  the  supervision  and  control  of 
the  trustees  thereof,  or  such  other  jurisdiction  as  may  be  pre¬ 
scribed  by  law. 

Sec.  — .  The  Criminal  Court  of  Baltimore  city  shall  have 
all  the  jurisdiction  now  exercised  b}^  the  present  Criminal 
Court  of  said  city,  or  such  as  may  hereafter  be  prescribed  by 

law. 

Sec.  — .  Each  of  the  Judges  of  the  said  Superior  Court, 
and  the  Judge  of  the  Court  of  Common  Pleas  and  Criminal 
Court,  shall  receive  an  annual  salary  of  thirty-live  hundred 
dollars,  which  shall  not  be  increased  or  diminished  during 
their  continuance  in  office. 


491 


/ 


e  Sec.  — .  There  shall  be  a  Clerk  of  each  of  the  said  Supe¬ 
rior,  Common  Pleas  and  Criminal  Courts,  who  shall  he  elected 
by  the  qualified  voters  of  the  city  of  Baltimore,  hold  their 
respective  offices  for  the  term  of  six  years,  and  until  a  new 
election  is  held,  and  their  successors  duly  qualified,  and  be 
re-eligible  thereto,  but  removable  for  willful  neglect  of  duty, 
or  other  misdemeanor  in  office,  on  conviction  in  a  Court  of 
Law,  or  for  such  other  causes  as  may  he  prescribed  by  law. 

<  Sec.  — .  The  Clerk  of  the  present  Superior  Court  shall  con¬ 
tinue  to  act  as  Clerk  of  the  Superior  Court,  as  herein  consti¬ 
tuted,  until  the  end  of  the  time  for  which  he  was  elected;  and 
the  Clerks  of  the  present  Court  of  Common  Pleas  and  Crimi¬ 
nal  Court  shall  continue  to  act  as  Clerks  of  said  Courts  re¬ 
spectively  until  the  end  of  the  time  for  which  they  were 
elected,  and  to  exercise  and  perform  the  same  powers  and 
duties  as  they  now  exercise  and  perform,  or  such  as  may  be 
prescribed  by  law. 

Mr.  Scott  gave  notice  that  at  the  proper  time  he  would  sub¬ 
mit  the  following  amendment  to  the  report  of  the  Committee 
on  the  Judiciary  Department: 

“The  Judges  of  the  Court  of  Appeals  shall  be  elected  by 
the  people  of  the  State,  by  general  ticket ;  the  Court  of  Ap¬ 
peals  shall  appoint  the  J udges  of  the  Circuit  Courts,  and  the 
Circuit  Courts  shall  appoint  the  Justices  of  the  Peace  in  their 
respective  Circuits.” 

The  Convention  then  proceeded  to  the  consideration  of  the 
report  of  the  Committee  on  the  Executive  Department. 

Mr.  Valliant  submitted  the  following  amendment: 

Section  5,  line  2,  strike  out  the  word  “five,”  and  insert  the 
word  “ten 

Decided  in  the  negative. 

Mr.  Abbott  submitted  the  following  amendment : 

Section  5,  line  2,  strike  out  the  words  “been  for  five  years,” 
and  insert  the  words  “being  a  native  born  ;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Sands  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 

Bond, 


Messrs.  Abbott, 


King — 3. 


492 


Negative. 


Messrs. 

Ecker, 

Purnell, 

Goldsborough,  P’t 

Edelen, 

Robinette, 

Annan, 

Galloway, 

Russell, 

Audoun , 

Hopkins, 

Sands, 

Berry,  of  P.  Geo., 

Hopper, 

Schlosser, 

Billingsley, 

Jones,  of  Som., 

Scott, 

Brooks, 

Keefer, 

Smith,  of  Carroll, 

Brown, 

Kennard, 

Smith,  of  Dor., 

Carter, 

Lee, 

May  h  ugh, 

Smith,  of  Wor., 

Clarke, 

Stirling, 

Crawford, 

McComas, 

Stockbridge, 

Cunningham, 

Mitchell, 

Swope, 

Thomas, 

Cushing, 

Miller, 

Daniel, 

Mullikin, 

Thruston, 

Davis,  of  Charles, 

Murray, 

Todd, 

Davis,  of  Wash., 

Hyman, 

Yalliant, 

Wickard — 51. 

Dellinger, 

Earle, 

Parker, 

Pugh, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Smith,  of  Carroll,  submitted  the 
ment : 

Strike  out  section  6  ; 

following  amend- 

The  question  bein. 

g  on  the  adoption  of  the  amendment, 

Mr.  Stirling  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays 

were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs. 

Davis,  of  Charles, 

Mitchell, 

Berry,  of  P.  Geo., 

Ecker, 

Miller, 

Billingsley, 

Edelen, 

Robinette, 

Bond, 

Hodson, 

Smith,  of  Carroll, 

Brown, 

Jones,  of  Som. 

Smith,  of  Dor. 

Clarke, 

King, 

Swope, 

Thomas — 20. 

Crawford, 

Lee, 

Negative. 

Messrs. 

Galloway, 

Purnell, 

Goldsborough,  P’t 

Hopkins, 

Russell, 

Abbott, 

Hopper, 

Sands, 

Annan, 

Keefer, 

Schlosser, 

493 


Audoun, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 


Kennard, 

Mayhugh, 

McComas, 

Mullikin, 

Murray, 

Nyman, 

Parker, 

Pugh, 


Scott, 

Smith,  of  Wor., 
Stirling, 
Stockbridge, 
Thruston, 

Todd, 

Yalliant, 
Wickard — 36 . 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


Mr.  Sands  submitted  the  following  amendment : 

Amend  section  7,  by  adding  “and  shall  perform  such  other 
duties  as  are  now  performed  by  the  Secretary  of  State  of  the 
State  of  Maryland,  and  shall  therefor  receive  such  compensa¬ 
tion  as  has  heretofore  been  paid  the  Secretary  of  State  ;” 

Decided  in  the  negative. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

Strike  out  section  7  ; 


Decided  in  the  negative. 

Mr.  Berry,  of  Prince  George’s  submitted  tne  following 
amendment : 


Sec.  11,  line  4,  strike  out  the  word  “not ;” 

Decided  in  the  negative. 

Mr.  Scott  submitted  the  following  amendment : 

Sec.  11.  Strike  out  all  after  the  word  “laws”  in  the  fourth 
line; 

The  question  being  on  the  adoption  of  the  amendment, 
Mr.  Stirling  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Berry,  of  P.  Geo. 
Billingsley, 

Bond, 


Davis,  of  Wash. 
Earle, 

Hodson, 

King, 


Pugh, 

Scott, 

Smith,  of  Dor., 
Stirling, 


494 


Clarke, 

Miller, 

Stockbridge, 

Crawford, 

Davis,  of  Charles, 

Parker, 

Negative. 

Swope — 18. 

essrs. 

Galloway, 

Purnell, 

Goldsborough,  P  ’  t 

Hopkins, 

Robinette, 

Abbott, 

Hopper, 

Russell, 

Annan, 

Jones,  of  Som. 

Sands, 

Audoun, 

Keefer, 

Schlosser, 

Brooks, 

Kennard, 

Smith,  of  Carroll 

Brown, 

Lee, 

Mayhugh, 

Smith,  of  Wor. 
Thomas, 

Carter, 

Cunningham, 

Me  Com  as, 

Thruston, 

Cushing, 

Mitchell, 

Todd, 

Daniel, 

Mullikin, 

Yalliant, 

Dellinger, 

Murray, 

Wickard, 

Ecker, 

Nyman, 

Wooden — 38. 

Edelen, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Stirling  submitted  the  following  amendment : 

Sec.  11.  Strike  out  all  after  the  word  “command,”  in 
the  fourth  line,  and  insert  the  words  “of  the  militia  when 
called  in  the  service  of  the  United  States;” 

Decided  in  the  negative. 

Mr.  Berry,  of  Prince  George’s,  submitted  the  following 
amendment : 

Strike  out  all  after  the  word  “laws,”  in  the  fourth  line,  and 
insert: 

“And  shall  command  in  person  the  militia  of  the  State, 
when  in  active  service  of  the  State  or  of  the  United  States;” 

Mr.  Thruston  called  the  previous  question, v 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Berry,  of  Prince  George’s, 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  section  11, 


495 


It  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Stockbridge, 

The  Convention  returned  to  the  consideration  of  section 
eight. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Sec.  8.  Amend  by  adding,  “and  for  any  vacancy  in  said 
office  not  herein  provided  for,  provision  may  he  made  by  law, 
and  if  such  vacancy  should  occur  without  such  provision  be¬ 
ing  made,  the  General  Assembly  shall  be  convened  by  the 
Secretary  of  State  for  the  purpose  of  filling  said  vacancy;77 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Thomas, 

The  Convention  then  returned  to  the  consideration  of  sec¬ 
tion  9. 

Mr.  Thomas  submitted  the  following  amendment  : 

Sec.  9.  Strike  out  the  word  “Government, 77  in  the  first 
line,  and  insert  the  words  “office  of  the  Governor;77 

Decided  in  the  affirmative. 

Mr.  Stockbridge  was  excused  from  attending  the  evening 
session  of  the  Convention  this  evening. 

Mr.  Valliant  was  excused  from  attending  the  sessions  of 
the  Convention  for  a  few  days. 

On  motion  of  Mr.  Jones,  of  Somerset, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

Messrs.  Audoun,  Baker,  Barron,  Belt,  Berry,  of  Baltimore 
county,  Berry,  of  Prince  George’s,  Blackiston,  Bond,  Briscoe, 


496 


Brooks,  Chambers,  Clarke,  Crawford,  Dail,  Davis,  of  Charles, 
Dennis,  Dent,  Duvall,  Farrow,  Gale,  Greene,  Harwood,  Hatch, 
Hebb,  Ilenkle,  Hodson,  Hoffman,  Hollyday,  Hopkins,  Horsey, 
Johnson,  Jones,  of  Cecil,  Lansdale,  Larsh,  Mace,  Negley, 
Noble,  Parran,  Peter,  Ridgely,  Schley,  Smith,  of  Dorchester, 
Sneary,  Stockbridge,  Sykes,  Thomas,  Turner,  Valliant, 
Wickard,  Wilmer — 50. 

There  being  no  quorum  present, 

On  motion  of  Mr.  Stirling, 

The  Convention  adjourned. 


TUESDAY,  August  16th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following : 

Messrs.  Baker,  Barron,  Berry,  of  Baltimore  county,  Berry, 
of  Prince  George’s,  Blackiston,  Briscoe,  Clarke,  Dail,  Duvall, 
Farrow,  Greene,  Ilebh,  Henkle,  Hollyday,  Horsey,  Johnson, 
Jones,  of  Cecil,  Lansdale,  Larsh,  Noble,  Schley,  Sneary, 
Stockbridge,  Valliant,  Wilmer — 25. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Marbury  submitted  the  following  preamble  and  reso¬ 
lution  : 

Whereas,  The  citizens  of  the  State  of  Maryland  have  been 
drafted  until  the  draft  has  reached  the  home  of  nearly  every 
able-bodied  man  in  the  State  ;  and  whereas  the  slave  counties 
of  the  State  have  almost  been  depopulated  of  their  whole  la¬ 
boring  force  ;  and  whereas  the  slaves  who  have  been  enticed 
or  voluntarily  gone  off  from  this  State,  and  entered  the  ser¬ 
vice  of  the  United  States,  have  nearly  all  of  them  been  ac¬ 
credited  to  other  States,  contrary  to  the  laws  of  the  land,  and 
in  violation  of  every  principle  of  justice  and  right;  and 
whereas,  the  upper  counties  of  this  State  have  been  so  entire¬ 
ly  laid  waste  and  so  depleted  of  their  population  that  they 


497 


have  scarcely  men  enough,  left  to  protect  and  support  the 
helpless  women  and  children  who  are  entitled  to  their  care  * 
Therefore, 

Resolved,  That  the  members  of  this  Convention  deem  it  a 
duty  they  owe  their  constituents,  to  appoint  and  do  hereby 
authorize  the  President  of  this  Convention  to  appoint  a  com¬ 
mittee  of  five,  of  whom  he  (the  President)  shall  be  one,  to 
wait  on  the  proper  authorities  at  Washington,  explain  the 
condition  of  our  people,  request  and  urge  that  they  be  re¬ 
lieved  of  all  further  draft  during  the  war. 

Which  was  read  the  first  time. 

Mr.  Ecker  submitted  the  following  order  : 

Ordered,  That  it  be  entered  upon  the  Journal  that  the 
members  of  this  Convention  who  have  been  in  almost  con¬ 
stant  attendance  since  its  commencement,  are  hereby  declared 
not  responsible  for  the  many  delays  and  waste  of  time  in  its 
deliberations  ;  and  in  order  to  show  where  the  responsibility 
for  such  delay  properly  belongs,  the  Clerk  is  required  to  have 
published,  daily,  a  list  of  those  members  who  do  not  attend 
the  evening  sessions. 

The  question  being  on.  the  adoption  of  the  order, 

Mr.  Ecker  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Ecker, 

Pugh, 

Goldsborough,  P’t 

Galloway, 

Purnell, 

Abbott, 

Hoffman, 

Russell, 

Annan, 

Hopkins, 

Sands, 

Brown, 

Carter, 

Hopper, 

Keefer, 

Scott, 

Smith,  of  Carroll, 

Cunningham, 

King, 

Smith,  of  Wor., 

Cushing, 

McComas, 

Stirling, 

Daniel, 

Mullikin, 

Swope, 

Thruston, 

Davis,  of  Wash., 

Murray, 

Dennis, 

Negley, 

Todd, 

Earle, 

Parker, 

Negative. 

Wooden — 35. 

Messrs. 

Hatch, 

Morgan, 

Audoun, 

Hodson, 

Parran, 

Belt, 

Jones,  of  Som., 

Peter, 

63 


498 


Billingsley, 

Bond, 

Brooks, 

Crawford, 

Davis,  of  Charles, 
Dellinger, 

Edelen, 

Gale, 

Harwood, 


Kennard, 

Lee, 

Mace, 

Marbury, 

Markey, 

Mayhugh, 

Mitchell, 

Miller, 


Ridgely. 
Robinette,  ■ 
Schlosser, 
Smith,  of  Dor., 
Sykes, 

Thomas, 
Turner, 
Wickard— 33. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


Mr.  Mullikin  submitted  the  following  order : 

Ordered,  That  any  member  of  this  Convention  who  shall 
absent  himself  from  said  Convention  without  the  consent  of  a 
majority  of  the  members  present,  shall  not  receive  his  per 
diem  for  the  time  he  is  absent. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Mullikin  demanded  the  yeas  and  nays , 

The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Cunningham, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Galloway, 

Messrs. 

Audoun, 

Belt, 

Billingsley, 

Bond, 

Brooks, 

Brown, 

Carter, 

Crawford, 


Affirmative. 

Hoffman, 

Keefer, 

Mayhugh, 

McComas, 

Mullikin, 

Murray, 

Nyman, 

Parker, 

Pugh, 

Purnell, 

Negative. 

Harwood, 
Hatch , 

Hodson, 

Hopkins, 

Hopper, 

Jones,  of  Som., 
Kennard, 

King, 

Lee, 


Robinette, 

Russell, 

Sands, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Stirling, 

Swope, 

Thruston, 
Wickard — 30. 


Miller, 

Morgan, 

Negley, 

Parran, 

Peter, 

Ridgely, 
Schlosser, 
Smith,  of  Dor., 
Sykes, 


499 


Davis,  of  Charles,  Mace, 


Thomas, 
Todd, 
Turner, 
Wooden — 38. 


Dennis, 

Edelen, 

Gale, 


Mar  bury, 

Markey, 

Mitchell, 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Scott  was  excused  from  attending  the  sessions  of  the 
Convention  for  the  remainder  of  the  week,  and  Messrs.  Mc- 
Comas  and  Mayliugh  were  excused  from  attending  the  session 
this  evening. 

On  motion  of  Mr.  Annan, 

It  was  ordered  to  he  entered  on  the  Journal  that  Henry 
Baker  is  absent  from  his  seat  on  account  of  sickness. 

Mr.  Jones,  of  Somerset,  gave  notice  that  at  the  proper  time 
he  would  submit  the  following  amendments  to  the  report  of 
the  Committee  on  Elective  Franchise: 

To  amend  the  amendment  of  Mr.  Scott,  on  the  434th  page 
of  the  Journal,  by  adding  at  the  end  thereof  the  following: 

“And  that  I  have  never  in  any  manner,  either  directly  or 
indirectly,  by  word  or  deed,  violated  any  article  of  the  Consti¬ 
tution  and  Laws  of  the  United  States,  or  of  the  State  of  Mary¬ 
land,  or  of  the  ten  commandments,  usually  called  The  moral 
law/  as  contained  in  the  twentieth  chapter  of  the  Book  of 
Exodus  ;  that  I  have  never  aided,  abetted,  encouraged,  or 
apologised  for  those  Abolitionists  in  the  so-called  free  States, 
who  by  carefully  prepared  acts  of  their  State  Legislatures,  * 
obstructed  and  effectually  nullified,  within  such  States,  the 
Constitution  and  Laws  of  the  United  States,  in  relation  to  the 
rendition  of  fugitives  from  service  to  their  owners,  whereby 
the  said  owners  have  been  compelled  to  abandon  their  proper¬ 
ty  and  constitutional  rights,  or  risk  heavy  losses  by  enormous 
fines,  or  their  liberty  by  long  imprisonment,  or  their  lives  by 
abolition  mobs;  but  that  I  have  uniformly  and  at  all  times, 
denounced  them  not  only  as  covenant-breakers  and  traitors  to 
their  country,  but  as  enemies  of  the  human  race.” 

To  amend  Mr.  Stirling’s  amendment  on  page  435,  of  Jour¬ 
nal,  by  striking  out  all  after  the  word  “abilities,”  in  the 
tenth  line  from  the  top  of  said  page,  and  insert: 

“Faithfully  endeavor  to  restore  to  the  Union,  under  the 
Constitution  of  the  United  States  the  States  now  calling  them¬ 
selves  the  ‘Confederate  States  of  America/  with  their  Consti¬ 
tutions  and  Laws,  customs,  habits  and  institutions,  as  they 
existed  on  the  first  dav  of  December  1860,  and  that  I  will  at 

V  S 


500 


all  times  discountenance  and  oppose  all  political  combinations 
having  for  their  object  the  prevention  of  such  restored  Union.” 

After  the  word  “thereof”  in  the  sixth  line  from  the  top  of 
page  435,  of  Journal,  strike  out  all  to  the  word  “States”  in¬ 
clusive,  and  insert  the  following: 

“But  that  I  have  faithfully  supported  the  Constitution  of 
the  United  States  against  all  violators  of  the  same  whether 
in  the  Northern  or  Southern  States,  or  in  any  department  of 
the  Government  of  the  United  States,  civil  or  military.” 

Mr.  Smith,  of  Dorchester,  gave  notice  that  at  the  proper 
time,  he  would  submit  the  following  amendment  to  the  report 
of  the  Committee  on  the  Judiciary  Department: 

“Sec.  37.  Strike  out  all  after  the  word  “the,”  in  the  first 
line,  and  insert,  ‘Commissioners  of  the  counties  and  Baltimore 
city,  shall  appoint  in  the  city  of  Baltimore  and  the  several 
counties,  such  number  of  Justices  of  the  Peace,  as  the  wants 
and  interests  of  the  people  may  require,  they  shall  certify  their 
appointment  so  made  to  the  Governor,  by  whom  the  appoin¬ 
tees  shall  be  commissioned  as  Justices  of  the  Peace  of  the  State 

of  Maryland,  for - county  arid  city,  the  Justices 

so  appointed  and  commissioned,  shall  be  conservators  of  the 
peace,  shall  hold  their  office  for  two  years,  and  shall  have 
such  jurisdiction,  duties  and  compensation,  subject  to  such 
right  of  appeal,  as  hath  been  heretofore  exercised,  or  shall  be 
hereafter  prescribed  by  law.’  ” 

The  Convention  then  proceeded  to  the  consideration  of  the 

-A. 

Report  of  the  Committee  on  the  Executive  Department; 

Mr.  Thomas  submitted  the  following  amendment : 

Sec.  23.  Strike  out  “unless  sooner  removed  by  the  Gover¬ 
nor,”  in  the  third  line,  and  insert  after  the  word  “appoint¬ 
ment,”  in  the  fifth  line,  the  following:  ‘  ‘unless  sooner  removed 
by  the  Governor;” 

Decided  in  the  negative. 

Mr.  Miller  submitted  the  following  amendment : 

Sec.  24.  Strike  out  the  word  “he,”  in  the  first  line,  and 
insert  the  words  “the  Secretary  of  State;” 

Decided  in  the  affirmative. 

Mr.  Thomas  submitted  the  following  amendment : 

Strike  out  the  word  “Legislature,”  wherever  it  occurs  in 
the  report,  and  insert  the  words  “General  Assembly;” 

Decided  in  the  affirjnative. 


501 


/ 


Mr.  Miller  submitted  the  following  amendment : 

Sec.  24,  line  four,  strike  out  the  word  “may,”  and  insert 
the  words  “are  now  or  may  hereafter;” 

Decided  in  the  affirmative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

Mr.  Smith,  of  Carroll,  from  the  Committee  on  State’s  At¬ 
torneys,  submitted  the  following 

REPORT: 

The  Committee  on  State’s  Attorneys,  beg  leave  respect¬ 
fully  to  make  the  following  report : 

Attorney  General. 

Section  1.  There  shall  be  an  Attorney  General,  elected  by 

the  people  of  the  State  on  general  ticket  on  the - -of- _ 

next,  and  on  the  same  day  every  year  thereafter,  who  shall 

hold  his  office  for - years  from  the  1st  Monday  of  Janu 

ary  next  ensuing  his  election,  and  until  his  successor  shall  be 
elected  and  qualified,  and  shall  be  re-eligible  thereto,  and 
shall  be  subject  to  removal  therefrom  for  incompetency,  will¬ 
ful  neglect  of  duty,  or  misdemeanor  in  office  on  conviction  in 
a  Court  of  Law. 

Sec.  2.  All  elections  for  Attorney  General  shall  be  certified 
to,  and  returns  made  thereof  by  the  Clerks  of  the  Circuit 
Courts  for  the  several  counties,  and  the  Clerk  of  the  Superior 
Court  of  Baltimore  city,  to  the  Governor  of  the  State,  whose 
duty  it  shall  be  to  decide  upon  the  elections  and  qualifica¬ 
tions  of  the  person  returned,  and  in  case  of  a  tie  between 
two  or  more  persons  to  designate  which  of  said  persons  shall 
qualify  as  Attorney  General  and  to  administer  the  oath  of 
office  to  the  person  elected. 

Sec.  3.  It  shall  be  the  duty  of  the  Attorney  General  to 
prosecute  and  defend,  on  the  part  of  the  State,  all  cases  which 
at  the  time  of  his  election  and  qualification,  and  thereafter 
may  be  depending  in  the  Court  of  Appeals,  or  in  the  Supreme 
Court  of  the  United  States,  by,  or  against  the  State,  or 
wherein  the  State  may  be  interested  ;  and  he  shall  give  his 
opinion  in  writing  whenever  required  by  the  General  Assem¬ 
bly, or  either  branch  thereof,  the  Governor,  Comptroller,  the 
the  Treasurer  or  any  State’s  Attorney  on  any  matter  or  sub¬ 
ject  depending  before  them,  and  when  required  by  the  Gov¬ 
ernor  or  the  General  Assembly,  he  shall  aid  any  State’s 
Attorney  in  prosecuting  any  suit,  or  action  brought  by  the 


502 


State,  in  any  Court  of  this  State  ;  and  he  shall  commence 
and  prosecute  or  defend  any  suit,  or  action  in  any  of  said 
Courts,  on  the  part  of  the  State,  as  the  General  Assembly  or 
the  Governor,  acting  according  to  law,  shall  direct  to  he  com¬ 
menced,  prosecuted,  or  defended,  and  he  shall  receive  for  his 

services  an  annual  salarv  of - thousand  dollars;  but  he 

shall  not  be  entitled  to  receive  any  fees,  perquisites,  or  re¬ 
wards,  whatever,  in  addition  to  the  salary  aforesaid,  for  the 
performance  of  any  official  duty,  nor  have  power  to  appoint 
any  agent,  representative,  or  deputy,  under  any  circumstances 
whatever. 

Sec.  4.  No  person  shall  be  eligible  to  the  office  of  Attorney 
General,  who  has  not  been  admitted  to  practice  the  law  in 

the  State,  and  who  has  not  practiced  the  law  for - years, 

and  who  has  not  resided  for  at  least - years  in  the  State, 

Sec.  5  In  case  of  vacancy  in  the  office  of  Attorney  General, 
or  of  his  removal  from  the  State,  or  on  his  conviction  as  here¬ 
in  before  specified  the  said  vacancy  shall  be  filled  by  the 
Governor  until  the  election  and  qualification  of  his  successor, 
at  which  election  said  vacancy  shall  be  filled  by  the  voters  of 
the  State  for  the  residue  of  the  term  thus  made  vacant. 

The  State’s  Attorney. 

Section  1.  There  shall  be  an  Attorney  for  the  State  in  each 
county  and  the  city  of  Baltimore,  to  be  styled  “The  State’s 
Attorney,”  who  shall  be  elected  by  the  voters  thereof,  respec¬ 
tively,  on  the - ,  and  on  the  same  day  every  fourth  year 

thereafter,  and  hold  his  office  for  four  years  from  the - 

next  ensuing  his  election,  and  until  his  successor  shall  be 
elected  and  qualified,  and  shall  be  re-eligible  thereto,  and  be 
subject  to  removal  therefrom  for  incompetency,  willful  neglect 
of  duty  or  midemeanor  in  office,  on  conviction  in  a  Court  of 
Law, 

Sec.  2.  All  elections  for  the  State’s  Attorney  shall  be  cer¬ 
tified  to,  and  returns  made  thereof,  by  the  Clerks  of  the  said 
counties  and  city  to  the  Judges  thereof  having  criminal  juris¬ 
diction,  respectively,  whose  duty  it  shall  be  to  decide  upon 
the  elections  and  qualifications  of  the  persons  returned,  and 
in  case  of  a  tie  between  two  or  more  persons,  to  designate 
which  of  said  persons  shall  qualify  as  State’s  Attorney,  and 
to  administer  the  oaths  of  office  to  the  persons  elected. 

Sec.  3.  The  State’s  Attorney  shall  perform  such  duties, 
and  receive  such  fees  and  commissions  as  are  now  prescribed 
by  law,  and  such  other  duties,  fees  and  commissions  as  may 
hereafter  be  prescribed  by  law,  and  if  any  State’s  Attorney 
shall  receive  any  other  fee  or  reward  than  such  as  is,  or  may 


503 


oe  allowed  by  law^  lie  shall  on  conviction  thereof,  he  remov¬ 
ed  from  office  ;  provided,  the  State’s  Attorneys  of  the  several 

counties,  shall  receive  not  less  than  - - dollars  per 

annum  ;  and  provided  the  State’s  Attorney  for  Baltimore 
city  shall  have  the  power  to  appoint  one  Deputy,  at  a  salary 
ox  not  more  than - dollars  per  annum,  to  he  paid  by 

the  Mayor  and  City  Council  of  Baltimore,  as  city  officers  are 
paid. 

Sec  4.  No  person  shall  he  eligible  to  the  office  of  State’s 
..  \  :0™ey>  w^10  ^ias  n°f  been  admitted  to  practice  law  in 
this  State,  and  who  has  not  resided  for  at  least  one  year  in  the 
county  or  city  in  wdiich  he  may  he  elected. 

Sec.  5.  In  case  of  a  vacancy  in  the  office  of  State’s  Attor¬ 
ney,  or  of  his  removal  from  the  county  or  city  in  which  he 
shall  have  been  elected,  or  on  his  conviction  as  hererein  spe¬ 
cified,  the  said  vacancy  shall  be  filled  by  the  Judo-e  of  the 
county  or  city  respectively,  having  criminal  jurisdiction  in 
which  said  vacancy  shall  occur,  until  the  election  and  qualifi¬ 
cation  of  his  successor,  at  which  election  said  vacancy  shall 
he  ffiled  by  the  voters  of  the  county  or  city,  for  the  residue 
ox  the  term  thus  made  vacant. 

Sec  6.  It  shall  be  the  duty  of  the  Clerk  of  the  Court  of 
Appeals,  and  tne  Commissioner  of  the  Land  Office  respective¬ 
ly,  whenever  a  case  shall  be  brought  into  said  court,  or  of- 
ice  m  which  the  State  is  a  party,  or  has  an  interest,  imme¬ 
diately  to  notify  the  Attorney  General  thereof. 

Jno.  E.  Smith,  Chairman, 
John  L.  Thomas,  Jr., 

Wm.  Daniel, 

Jas.  P.  Mayhhgh, 

Sprigg  Harwood. 

Which  was  read  the  first  time. 

On  motion  of  Mr.  Pugh, 

The  Convention  proceeded  to  the  consideration  of  the 
Deport  of  the  Committee  on  the  Elective  Franchise. 

i\/r  /Bastion,  being  on  the  adoption  of  the  amendment  of 
Mr.  Stirling  to  the  amendment  submitted  by  Mr.  Scott  to  the 
5th  section  of  the  report,  to  wit  : 


Strike  out  all  after  the  word  “that,”  in  first  line  of  amend¬ 
ment,  and  insert : 

“That  I  will,  to  the  best  of  my  skill  and  judgment,  dili¬ 
gently  and  faithfully,  without  partiality  or  prejudice,  execute 


504 


the  office  of - - - - according  to  the  Con¬ 
stitution  and  Laws  of  this  State,  and  that  since - - 

- I  have  not  in  any  manner  violated  the 

«/ 

provisions  of  the  present,  or  of  the  late  Constitution,  in  rela¬ 
tion  to  the  bribery  of  voters,  or  preventing  legal  votes  or  pro¬ 
curing  illegal  votes  to  be  given,  (and  if  a  Governor,  Senator, 
Member  of  the  House  of  Delegates,  or  Judge,)  that  I  will  not 
directly  or  indirectly  receive  the  profits  or  any  part  of  the 
profits  of  any  other  office  during  the  term  of  my  acting  as 

- ;  I  do  further  swear  or  affirm  that 

I  will  bear  true  allegiance  to  the  State  of  Maryland,  and  sup¬ 
port  the  Constitution  and  Laws  thereof,  and  that  I  will  bear 
true  allegiance  to  the  United  States,  and  support,  protect  and 
defend  the  Constitution,  Laws  and  Government  thereof, 
as  the  supreme  law  of  the  land,  any  law  or  ordinance  of  this 
or  any  State  to  the  contrary  notwithstanding;  that  I  have 
never  directly  or  indirectly  by  word,  act  or  deed  given  any  aid, 
comfort  or  encouragement  to  those  in  rebellion  against  the 
United  States  or  the  lawful  authorities  thereof,  but  that  I 
have  been  truly  and  loyally  on  the  side  of  the  United  States 
against  those  in  armed  rebellion  against  the  United  States; 
and  I  do  further  swear  or  affirm  that  I  will,  to  the  best  of  my 
abilities,  protect  and  defend  the  Union  of  the  United  States, 
and  not  allow  the  same  to  be  broken  up  and  dissolved,  or  the 
G  overnment  thereof  to  be  destroyed  under  any  circumstances 
if  in  my  power  to  prevent  it,  and  that  I  will  at  all  times  dis¬ 
countenance  and  oppose  all  political  combinations  having  for 
their  object  such  dissolution  or  destruction.’ ’ 

Mr.  Thomas  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  negative. 

The  question  again  being  on  the  amendment  to  the  amend¬ 
ment, 

After  debate  thereon, 

On  motion  of  Mr.  Edelen, 

The  Convention  took  a  recess  until  8  o’clock. 


505 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Barron, .  Berry,  of  Baltimore  county,  Berry, 
of  Prince  George’s,  Briscoe,  Brooks,  Chambers,  Clarke, 
Bail,  Bavis,  ot  Charles,  Bennis,  Earrow,  Gale,  Greene, 
Hatch,  Hebb,  Henkle,  Hoffman,  Hollyday,  Horsey,  Johnson, 
Jones,  of  Cecil,  Lansdale,  Larsli,  Mace,  Mayhugh,  McComas, 
Noble,  Peter,  Schley,  Schlosser,  Scott,  Smith,  of  Borchester, 
Sneary,  Thomas,  Valliant,  Wilmer — 37. 

On  motion  of  Mr.  Parker, 

Ordered,  that  it  be  entered  upon  the  Journal,  that  the  ab¬ 
sence  of  Mr..  Larsh,  of  Baltimore  county,  from  his  seat  in  the 
Convention  is  occasioned  by  the  severe  illness  of  a  member 
of  his  family. 

The  Convention  resumed  the  consideration  of  the  Report  of 
the  Committee  on  the  Elective  Franchise. 

The  question  being  on  the  amendment  of  Mr.  Stirling  to 
the  amendment  submitted  by  Scott,  to  the  5th  section  of  the 
Report ; 

Mr.  Abbott  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  again  being  on  the  adoption  of  the  amend¬ 
ment  to  the  amendment  ; 

On  motion  of  Mr.  Edelin, 

The  subject  was  divided. 

The  question  then  being  on  the  first  clause  of  the  amend¬ 
ment  to  the  amendment,  to  wit : 

‘That  I  will,  to  the  best  of  my  skill  and  judgment,  dili¬ 
gently  and  faithfully,  without  partiality  or  prejudice,  execute 

the  office  of  — - according  to  the  Constitution 

and  Laws  of  this  State,  and  that  since - ,  I  have 

not  in  any  manner  violated  the  provisions  of  the  present,  or 
of  the  late  Constitution,  in  relation  to  the  bribery  of  voters, 
64 


506 


or  preventing  legal  votes  or  procuring  illegal  votes  to  be 
given,  (and  if  a  Governor,  Senator,  Member  of  the  House  of 
Delegates,  or  Judge,)  that  I  will  not  directly  or  indirectly 
receive  the  profits  or  any  part  of  the  profits  of  any  other 
office  during  the  term  of  my  acting  as - 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Galloway, 

Parker, 

Goldsborough,  P’t 

Harwood, 

Pugh, 

Abbott, 

Hopkins, 

Purnell, 

Annan, 

Hopper, 

Ridgely, 

Audoun, 

Jones,  ofSom., 

Kobinette, 

Belt, 

Keefer, 

Bussell, 

Billingsley, 

Kennard, 

Sands, 

Brown, 

King, 

Smith,  of  Carroll, 

Carter, 

Lee, 

Smith,  of  Wor., 

Cunningham, 

Marbury, 

Stirling, 

Daniel, 

Markey, 

Stockbridge, 

Davis,  of  Wash., 

Mitchell, 

Swope, 

Dellinger, 

Miller, 

Sykes, 

Dent, 

Morgan, 

Thruston, 

Duvall, 

Mullikin, 

Todd, 

Earle, 

Murray, 

Wickard, 

Ecker, 

Negley, 

Wooden — 52. 

Edelen, 

Nyman, 

Negative. — None. 

So  the  question  upon  its  adoption  was  decided  in  the  af¬ 
firmative. 

The  question  then  being  on  the  adoption  of  the  second 
clause  of  the  amendment  to  the  amendment,  to  wit : 

“I  do  further  swear  or  affirm  that  I  will  bear  true  allegi¬ 
ance  to  the  State  of  Maryland,  and  support  the  Constitution 
and  Laws  thereof,  and  that  I  will  bear  true  allegiance  to  the 
United  States,  and  support,  protect  and  defend  the  Constitu¬ 
tion,  Laws  and  Government  thereof,  as  the  supreme  law  of  the 
land,  any  law  or  ordinance  of  this  or  any  State  to  the  contra¬ 
ry  notwithstanding;  that  I  have  never  directly  or  indirectly 
by  word,  act  or  deed  given  any  aid,  comfort  or  encouragement 
to  those  in  rebellion  against  the  United  States  or  the  lawful 
authorities  thereof,  but  that  I  have  been  truly  and  loyally  on 
the  side  of  the  United  States  against  those  in  armed  rebellion 


against  the  United  States;  and  I  do  further  swear  or  affirm 
that  I  will,  to  the  best  of  my  abilities,  protect  and  defend  the 
Union  of  the  United  States,  and  not  allow  the  same  to  he  bro¬ 
ken  up  and  dissolved,  or  the  Government  thereof  to  be  destroy¬ 
ed  under  any  circumstances  if  in  my  power  to  prevent  it,  and 
that  I  will  at  all  times  discountenance  and  oppose  all  politi¬ 
cal  combinations  having  for  their  object  such  dissolution  or 
destruction.” 

Mr.  Jones,  of  Somerset,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Affirmative. 

Hopper, 

Eobinette, 

Goldsborough,  P*  t 

Keefer, 

Eussell, 

Abbott, 

Kennard, 

Sands, 

Annan, 

Audoun, 

King, 

Smith,  of  Carroll, 

Markey, 

Smith,  of  Wor., 

Carter, 

Mullikin, 

Stirling, 

Cunningham, 

Murray, 

Stockbridge, 

Daniel, 

Negley, 

Swope, 

Davis,  of  Wash., 

Nyman, 

Sykes, 

Thrust  on. 

Dellinger, 

Parker, 

Earle, 

Pugh, 

Purnell, 

Todd, 

Ecker, 

Wickard, 

Wooden — 39. 

Galloway, 

Kidgely, 

Hopkins, 

Messrs. 

Negative. 

Duvall, 

Marbury, 

Belt, 

Edelen, 

Mitchell, 

Billingsley, 

Harwood, 

Miller, 

Brown, 

Jones,  of  Som. 

Morgan — 13. 

Dent, 

Lee, 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 


The  question  next  being  on  the  adoption  of  the  amendment 
of  Mr.  Scott,  as  amended. 

Mr.  Edelin  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


508 


Affirmative. 


Messrs. 

Hopper, 

Robinette, 

Goldsborough,  P’t 

Keefer, 

Russell, 

Abbott, 

Kennard, 

Sands, 

Annan, 

King, 

Smith,  of  Carroll, 

Audoun, 

Markey, 

Smith,  of  Wor., 

Carter, 

Mullikin , 

Stirling, 

Cunningham, 

Murray, 

Negley, 

Stockbridge, 

Daniel, 

Swope, 

Davis,  of  Wash., 

Nyman, 

Parker, 

Sykes, 

Dellinger, 

Thruston, 

Earle, 

Pugh, 

Todd, 

Ecker, 

Purnell, 

Wickard, 

Galloway, 

Hopkins, 

Ridgely, 

Negative. 

Wooden — 39. 

Messrs. 

Duvall, 

Marbury, 

Belt, 

Edelen, 

Mitchell, 

Billingsley, 

Jones,  of  Som. 

,  Miller, 

Brown, 

Dent, 

Lee, 

Morgan — 12. 

So  the  question 
affirmative. 

upon  its  adoption  was  decided  in  the 

The  question  recurring  upon  the 
amended: 

adoption  of  section  5,  as 

It  was  decided  in  the  affirmative. 


On  motion  of  Mr.  Edelen, 
The  Convention  adjourned. 


WEDNESDAY,  August  17th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Berry,  of  Prince  George’s,  Briscoe,  Brooks, 


# 


509 


Clarke,  Dennis,  Farrow,  Gale,  Hatch,  Hebb,  Henkle,  Hoff¬ 
man,  Holly  day,  Horsey,  Johnson,  Larsli,  Mace,  Noble 
Scott,  Sneary,  Valliant,  Wilmer — 22. 


J  lie  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Stockbridge  submitted  the  following  order  : 

.  Ordered,  That  when  the  Convention  enters  upon  the  con¬ 
sideration  of  the  Judiciary  Department,  it  will  digest  a  sys¬ 
tem  by  which  the  Judges  shall  be  elected  by  the  people*  and 
another  system  by  which  they  shall  be  appointed  by  the  Ex¬ 
ecutive,  and  that  when  the  Constitution  is  submitted  to  the 
people  for  approval  or  rejection,  it  shall  be  so  submitted  that 
the  people  may  select  between  the  two  systems  so  prepared. 

On  motion  of  Mr.  Eidgely, 

The  consideration  of  the  order  was  informally  passed  over. 

On  motion  of  Mr.  Wooden, 

It  was  ordered  to  be  entered  on  the  Journal  that  John  Bar¬ 
ron  of  Baltimore  city  is  detained  from  his  seat  by  the  illness 
of  a  member  of  his  family. 

Mr.  Moigan  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment  to  the  report  of  The  Coin- 
mittee  on  the  Judiciary  Department: 


Strike  out  section  38  and  insert  the  following: 

.  '■  '^iere  be  elected  in  each  county  and  in  the 

C1Ji°  f"r,timor®’  eyer>'  fourth  year,  two  persons  for  the  office 
o  Sheriff  for  each  county,  and  two  for  the  said  city,  the  one 
of  whom  having  the  highest  number  of  votes  of  the  qualified 
voters  of  said  county  or  city,  or  if  both  have  an  equal  number 
either  of  them,  at  the  discretion  of  the  Governor  to  be  commis¬ 
sioned  by  the  Governor  for  said  office,  and,  having  served  for 
four  years,  such  persons  shall  be  ineligible  for  the  four  years 
next  succeeding;  bond  with  security,  to  be  taken  every  year,  and 
no  Sheriff  shall  be  qualified  to  act  before  the  same  shall  bo 
given.  In  case  of  death,  refusal,  disqualification  or  removal  out 
of  the  county,  before  the  expiration  of  the  said  four  years  the 
other  person  chosen  as  aforesaid,  shall  be  commissioned  by 
the  Governor  to  execute  the  said  office  for  the  residue  of  the 
said  four  years,  the  person  giving  bond  with  security  as 
aforesaid.  No  person  shall  be  eligible  to  the  office  of  Sheriff 
but  a  resident  of  such  county  or  city  respectively,  who  shall 
have  been  a  citizen  of  this  State  at  least  five  years  precedin'' 
his  election,  and  above  the  age  of  twenty-five  years  The 
two  candidates,  properly  qualified,  having  the  highest  hum- 


) 


510 


ber  of  legal  ballots,  shall  be  declared  duly  elected  for  the 
office  of  Sheriff  for  such  county  or  city,  and  returned  to  the 
Governor,  with  a  certificate  of  the  number  of  ballots  for  each 
of  them  ;” 

The  Convention  then  proceeded  to  the  consideration  of  the 
report  of  the  Committee  on  the  Elective  Franchise. 

Mr.  Stockbridge  moved  to  reconsider  the  vote  by  which  the 
3d  section  was  adopted; 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Sec.  3,  line  thirteen,  after  the  word  “State,”  insert  the 
words  : 

“Or  who  shall  be  guilty  of,  or  accessary  to  any  fraud,  force, 
surprise,  or  bribery,  at  any  primary  meeting  or  nominating 
convention,  to  procure  himself  or  any  other  person  to  be  nomi¬ 
nated  to  any  office  National  or  State,  or  Municipal;” 

Mr.  Miller  submitted  the  following  amendment  to  the 
amendment: 


Strike  out  the  words  “at  any  primary  meeting  or  nomina¬ 
ting  convention;” 

Decided  in  the  affirmative. 

The  question  recurring  upon  the  amendment  submitted  by 
by  Mr.  Stockbridge  as  amended  ; 

Mr.  Miller  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Berry,  of  Balt.  co. 
Bond, 

Carter, 

Chambers, 

Crawford, 

Cunningham, 

Dail, 

Daniel, 

Davis,  of  Charles, 


Affirmative. 

Edelen, 

Hopkins, 

Jones,  of  Cecil, 

Jones,  of  Soin., 

Kennard, 

Lansdale, 

Marbury, 

Markey, 

Mayhugh, 

McComas, 

Mitchell, 

Miller, 


Parker,, 

Pugh, 

Purnell, 

Ridgely, 

Russell, 

Smith,  of  Carroll 
Smith,  of  Dor., 
Smith,  of  Wor., 
Stockbridge, 
Swope, 

Sykes, 

Todd, 


511 


Dellinger, 

Duvall, 

Earle, 

Ecker, 

Mullikin, 

Murray, 

Negley, 

Turney, 

Wickard, 

Wooden — 45. 

Negative. 

Messrs. 

Annan, 

Audoun, 

Belt, 

Billingsley, 

Blackiston, 

Brown, 

Davis,  of  Wash. 
Dent, 

Galloway, 

Harwood, 

Hopper, 

Keefer, 

Ivin0* 

Lee, 

Morgan, 

?  Nyman, 

Parran, 

Peter, 

Robinette, 

Sands, 

Schley, 

Schlosser, 

Stirling, 

Thomas, 

Thruston — 25. 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

Mi*  Duvall  submitted  tlie  following  amendment! 

Insert  as  an  additional  section  the  following  i 

^ec>  •  sections  of  this  article  which  prescribe  oaths 
to  be  taken  shall  remain  in  force  only  until  the  end  of  the 
existing  civil  war  ;  and  from  and  after  the  re-establishment 
ot  peace,  there  shall  be  no  oath  required  of  legal  votes,  as  a 
condition  of  suffrage,  and  the  oath  of  public  officers  shall  be 
as  now  prescribed  in  the  existing  Constitution 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Duvall  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 

Messrs. 

Belt, 

Billingsley, 

Blackiston, 

Bond, 

Brown, 

Chambers, 

Crawford, 

Dail, 

Davis,  of  Charles, 
Dent, 

Duvall, 

Edelen, 

Jones,  of  Som., 
Larsh, 

Lee, 

Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Peter, 

Smith,  of  Dor. 
Turner — 23. 

» 

Negative. 

Messrs. 

Goldsborough,  P’t 

Hopper, 

Jones,  of  Cecil, 

Robinette, 

Russell, 

/ 


512 


Abbott, 

Keefer, 

Sands, 

Annan, 

Kennard, 

Schley, 

Audoun, 

King, 

Schlosser, 

Berry,  of  Balt.  co. 

Markey, 

Smith,  of  Carroll 

Carter, 

Mayhugh, 

Smith,  of  Wor., 

Cunningham, 

McComas, 

Stirling, 

Daniel, 

Mullikin, 

Stockbridge, 

Davis,  of  Wash., 

Murrav, 

Swope, 

Dellinger, 

Negley, 

Sykes, 

Earle, 

Nyman, 

Thomas, 

Ecker, 

Parker, 

Thruston, 

Galloway, 

Pugh, 

Todd, 

Harwood, 

Purnell, 

Wickard, 

Hopkins, 

Ridgely, 

Wooden — 47. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Stirling  submitted  the  following  amendment : 

Insert  as  an  additional  section  the  following  : 

Sec.  — .  Every  person  holding  any  office  of  trust  or  profit 
under  the  late  Constitution,  or  under  any  law  of  the  State,  and 
who  shall  be  continued  in  office  under  this  Constitution  shall 
within  thirty  days  after  this  Constitution  shall  have  gone  into 
effect,  take  and  subscribe  the  oath  or  affirmation  set  forth  in 
the  5th  section  of  this  article,  and  if  any  such  person  shall 
fail  so  to  do  his  office  shall  be  ipso  facto  vacant. 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Chambers  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Affirmative. 

Keefer, 

Russell, 

Goldsborough,  P?t 

Kennard, 

Sands, 

Schley, 

Abbott, 

King, 

Annan, 

Markey, 

Schlosser, 

Berry  of  Balt,  co., 

Mayhugh, 

Smith,  of  Carroll, 

Carter, 

McComas, 

Smith,  of  Wor., 

Cunningham, 

Mullikin, 

Stirling, 

Daniel, 

Murray, 

Stockbridge, 

Davis,  of  Wash., 

Negley, 

Swope, 

Dellinger, 

Nyman, 

Sykes, 

Earle, 

Parker, 

Thomas, 

Ecker, 

Pugh, 

Thruston, 

513 


Galloway, 

Hopkins, 

Hopper, 


Purnell, 

Ridgely, 

Robinette, 


Todd, 
YVickard, 
Wooden — 45. 


Jones,  of  Cecil, 


Messrs. 

Belt, 

Billingsley, 

Blackiston, 

Bond, 

Brown, 

Chambers, 

Crawford, 

Dail, 


Negative. 

Davis,  of  Charles,  Lee, 


Dent, 


Jones,  of  Som., 
Lansdale, 


Duvall, 

Edelen, 

Harwood, 

Iiodson, 


Mar  bury, 
Miller, 
Morgan, 
Parran, 

Peter, 

Smith,  of  Dor. 
Turner — 24. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Stirling  submitted  the  following  amendment : 

Insert  as  an  additional  section  the  following: 

Sec.  — •  No  person  shall  be  excluded  from  voting  at  any 
election  on  account  of  not  being  registered,  until  the  General 
Assembly  shall  have  past  an  act  of  registration,  and  the  same 
shall  have  been  carried  into  effect,  but  after  such  act  shall 
have  been  carried  into  effect  no  person  shall  vote  unless  his 
name  appears  on  the  register. 

Decided  in  the  affirmative. 

By  general  consent,  Mr.  Stirling  was  permitted  to  fill  up 
the  blank  in  the  5th  section,  after  the  word  “ since,”  in  the 
8th  line,  with  the  words  “the  fourth  day  of  July,  eighteen 
hundred  and  sixty-one 

Decided  in  the  affirmative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

On  motion  of  Mr.  Stockbridge, 

The  Convention  proceeded  to  the  consideration  of  the  Re¬ 
port  of  the  Committee  on  the  Judiciary  Department. 

Mr.  Todd  gave  notice,  that  at  the  proper  time  he  would 
submit  the  following  amendment  to  the  report : 

Insert  as  an  additional  section  the  following  ; 

“Sec.  — .  It  shall  be  the  duty  of  the  Orphans’  Court  of 


65 


514 


the  several  counties  and  the  city  of  Baltimore,  to  duly  ap¬ 
prentice  to  some  business  all  negroes  emancipated  by  the 
adoption  of  this  Constitution,  who  are  minors,  subject  to  such 
regulations- as  are  now  or  may  hereafter  be  prescribed  by  law; 
and  in  all  cases  the  preference  shall  be  given  to  their  masters 
while  in  a  state  of  slavery,  when  in  the  judgment  of  the  said 

Courts  they  are  suitable  persons  to  have  charge  of  them.” 

$ 

Mr.  Abbott  submitted  the  following  amendment : 

Section  2,  line  4,  strike  out  the  word  “appointment,”  and 
insert  the  word  “election  ;” 

The  question  being  on  the  adoption  of  the  amend¬ 
ment  ; 

Mr.  Morgan  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

-  Affirmative. 


Messrs. 

Galloway, 

Nyman, 

Goldsborough,  P’t 

Harwood, 

Parran, 

Abbott, 

Hodson, 

Peter, 

Annan, 

Audoun, 

Hopkins, 

Purnell, 

Jones,  of  Som., 

Ridgely, 

Billingsley, 

Keefer, 

Robinette, 

Blackiston, 

Kennard, 

Sands, 

Carter, 

Crawford, 

King, 

Schley, 

Lee, 

Schlosser, 

Cunningham, 

Marbury, 

Smith,  of  Carroll 

Dail, 

Markey, 

Smith  of  Dor., 

Davis,  of  Charles, 

Mayhugh, 

Smith,  of  Wor., 

Davis,  of  Wash., 

McComas, 

Swope, 

Dellinger, 

Mitchell, 

Thomas, 

Dent, 

Morgan, 

Turner, 

Duvall, 

Murray, 

Wickard, 

Ecker, 

Edelen, 

Negley, 

Negative. 

Wooden — 51 . 

Messrs. 

Hopper, 

Russell, 

Berry,  of  Balt  co., 

Jones,  of  Cecil, 

Stirling, 

Bond, 

Lansdale, 

Stockbridge, 

Brown, 

Miller, 

Sykes, 

Chambers, 

Mullikin, 

Thruston, 

Daniel, 

Parker, 

Todd — 19 

Earle, 

Pugh, 

515 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Thruston  submitted  the  following  amendment : 

Sec.  2,  insert  after  the  word  “election,”  in  the  fourth  line, 
the  words  “or  appointment  by  the  Executive,  in  case  of  a 
vacancy  by  death,  disqualification  or  otherwise;” 

Decided  in  the  affirmative. 

Mr.  Abbott  submitted  the  following  amendment : 

Strike  out  the  words  “appointed,”  and  “appointment,” 
wherever  they  occur  in  the  section,  and  insert  the  words 
“elected  and  election;” 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment : 

Sec.  2,  strike  out  all  after  the  word  “otherwise,”  in  line 
four,  to  the  word  “they,”  in  line  six; 

Decided  in  the  negative. 

Mr.  Thruston  submitted  the  following  amendment : 

Sec.  2,  strike  out  the  words  “district  or,”  in  the  fifth  line; 


The  question  being 

on  the  adoption 

of  the  amendment, 

Mr.  Marbury  demanded  the  yeas  and  nays, 

The  demand  being 

sustained, 

\ 

The  yeas  and  nays  were  called  and  appeared  as  follows 

Affirmative. 

Messrs. 

Keefer, 

Schlosser, 

Annan, 

Chambers, 

McComas, 

Stirling, 

Mullikin, 

Stockbridge, 

Cunningham, 

Daniel, 

Negley, 

Thruston, 

Bussell, 

Todd, 

Davis,  of  Wash., 
Hopper, 

Schley, 

Negative. 

Wooden — 18. 

Messrs. 

Edelen, 

Morgan, 

Goldsborough,  F’t 

Galloway, 

Parker, 

Abbott, 

Harwood, 

Parran , 

Berry,  of  Balt.  co. 

Hodson, 

Peter, 

Billingsley, 

Hopkins, 

Jones,  of  Cecil, 

Pugh, 

Purnell, 

Blackiston, 

\ 


516 


Bond, 

Brown, 

Crawford, 

Dail, 

Davis,  of  Charles, 
Dent, 

Duvall, 

Earle, 

Ecker, 


Jones,  of  Som., 
Kennard, 

King, 

Lansdale, 

Lee, 

Marbury, 

Mayhugh, 

Mitchell, 

Miller, 


Ridgelv, 

Sands, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Smith,  ofWor. 
Swope, 

Thomas, 

Turner — 43. 

was  decided  in  the 


So  the  question  upon  its  adoption 
negative. 

Mr.  Abbott  submitted  the  following  amendment : 


Sec.  2,  strike  out  the  word  “thirty/’  in  the  seventh  line, 
and  insert  the  word  “forty;” 

Decided  in  the  negative. 

Mr.  Stirling  submitted  the  following  amendment : 


Strike  out  the  word  “thirty,”  and  insert  the  words  “thirty- 
five;” 

Decided  in  the  negative. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

After  the  word  “thirty,”  in  the  seventh  line,  insert  the 
word  “five;” 


Decided  in  the  negative. 

Mr.  Thomas  submitted  the  following  amendment : 

Sec.  3.  Strike  out  all  after  the  word  “Judges,”  in  the 
first  line  and  insert  the  following: 

“Of  the  several  counties  of  this  State,  shall  be  elected  by 
the  qualified  voters  of  the  counties  and  the  city  of  Baltimore, 
in  the  manner  hereinafter  prescribed;” 

On  motion  of  Mr.  Stirling, 

The  further  consideration  of  section  three  was  informally 
passed  over. 

Mr.  Thruston  submitted  the  following  amendment : 

Sec.  9,  line  four  strike  out  the  word  “and,”  and  insert  the 
word  “or  ;” 

Decided  in  the  affirmative. 


517 


Mr.  Smith,  of  Worcester,  moved  that  the  Convention  take 
a  recess  until  8  o’clock, 

Decided  in  the  negative,  by  yeas  and  nays  as  follows  : 

Affirmative. 


Messrs. 

Berry,  of  Balt.  co. 

Billingsley, 

Blackiston, 

Chambers, 

Crawford, 

Dail, 

Davis,  of  Charles, 
Davis,  of  Wash., 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Brown, 

Carter, 

Cunningham, 

Daniel, 

Earle, 

Ecker, 

Edelen, 

Galloway, 

Hopkins, 


Dent, 

Duvall, 

Harwood, 

Lansdale, 

Lee, 

Marbury, 

Mayhugh, 

Mitchell, 

Miller, 

Negative. 

Hopper, 

Jones,  of  Cecil, 
Jones,  of  Som., 
Keefer, 
Kennard, 

King, 

Mar  key, 
McComas, 
Mullikin, 
Negley, 

Parker, 

Ridgely, 

Robinette, 


Morgan, 

Murray, 

Parran, 

Peter, 

Purnell, 

Smith,  of  Wor., 
Thomas, 
Thruston, 
Wickard — -26. 


Russel], 

Sands, 

Schley, 

Schlosser, 

Smith,  of  Carroll 
Smith,  of  Dor., 
Stirling, 
Stockbridge, 
Swope, 

Sykes, 

Todd, 

Wooden — 37. 


Mr;  Berry,  of  Baltimore  county,  from  the  Committee  on 
Militia  and  Military  Affairs,  submitted  the  following 

REPORT: 

The  Committee  on  Militia  and  Military  Affairs  respectful¬ 
ly  submit  the  following  Report: 


Militia  and  Military  Affairs. 

Section  1.  The  Militia  shall  be  composed  of  all  able  bodied 
male  citizens,  residents  of  this  State,  being  eighteen  years  of 
age,  and  under  the  age  of  forty-five  years,  who  shall  be  en¬ 
rolled  in  the  militia,  and  perform  military  duty  in  such  man¬ 
ner  not  incompatible  with  the  Canstitution  and  Laws  of  the 
United  States,  as  may  be  prescribed  by  the  General  Assembly 
of  Maryland.  J 

Sec.  2.  It  shall  be  the  duty  of  the  General  Assembly  to 
piovide  for  and  perfect  from  time  to  time  the  enrollment  of 


518 


the  militia,  and  also  for  its  effectual  organization,  and  to 
make  for  this  purpose  such  a  division  of  the  State  into  mili¬ 
tary  districts  as  may  secure  these  results,  and  in  so  doing  to 
especially  pass  such  laws  as  shall  promote  the  formation  of 
volunteer  militia  associations  in  the  city  of  Baltimore,  and 
every  county,  and  to  secure  to  them  such  privileges  or  assis¬ 
tance  as  may  afford  them  effectual  encouragement. 

Sec.  3.  The  Adjutant  General  shall  he  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

He  shall  hold  his  office  for  the  term  of - - years,  and 

receive  for  his  services  an  annual  salary  of - - 

dollars. 

John  S.  Berry,  Chairman, 

Jos.  B.  Pugh, 

H.  W.  Dellinger, 

D.  C.  Blackiston, 

Geo.  Peter. 

Mr.  Wickard  from  the  Minority  of  said  Committee  sub¬ 
mitted  the  following: 

MINORITY  REPORT: 

Militia  and  Military  Affairs. 

The  Minority  of  the  Committee  on  Militia  and  Military 
affairs,  respectfully  submit  the  following  report : 

Section  1.  The  Militia  of  this  State  shall  consist  of  all 
able  bodied  male  citizens,  between  the  ages  of  eighteen  and 
forty-five  years,  except  such  persons  as  now  are,  or  may  here¬ 
after  be  exempted  by  the  laws  of  the  Unted  States  or  this 
State. 

Sec.  2.  Persons  whose  religious  opinions  or  conscientious 
scruples  forbid  them  to  bear  arms,  shall  not  be  compelled  to 
do  so  in  time  of  peace,  but  shall  pay  an  equivalent  for  such 
personal  service. 

Sec.  3.  The  General  Assembly  shall  provide  for  organiz¬ 
ing,  equipping  and  disciplining  the  Militia,  in  such  manner  as 
shall  be  most  effective  to  repel  invasion  and  'suppress  insur¬ 
rection,  not  incompatible  with  the  laws  of  the  United  States. 

Sec.  4.  The  Militia  officers  shall  be  chosen  or  appointed  as 
follows:  Captains,  subalterns  and  non-commissioned  officers 
shall  be  chosen  by  the  written  votes  of  the  members  of  their 
respective  companies  ;  field  officers  of  regiments  and  separate 
battalions,  by  the  written  votes  of  the  commissioned  officers 
of  their  respective  regiments  and  separate  battalions  to  which 


519 


theybeong  ;  Brigadier  Generals  and  Brigade  Inspectors  bv 
the  field  officers  of  their  respective  brigades  ;  Major  Generals 
Brigadier  Generals,  and  commanding  officers  of  regiments  or 
separate  battalions,  shall  appoint  the  staff  officers  of  their 
respective  divisions,  brigades,  ,  regiments  or  separate  bat¬ 
talions. 

Sec.  5.  The  Governor  shall  nominate  and,  with  the  consent 
ot  the  senate,  appoint  Major  Generals,  an  Adjutant  General 

*  j.1  I  1  .  •  ft  1  •  ,  ^  commissions  shall 

elected Wlt”  ^  tlm6  °''  llch  tlle  Governor  shall  have  been 

Sec.  6.  The  General  Assembly  shall,  by  law,  fix  the  time 
and  manner  of  electing  militia  officers,  and  of  certifying  their 
election  to  the  Governor,  who  shall  grant  their  commissions 
and  determine  their  rank,  when  not  fixed  by  law. 

Sec.  7.  In  case  subalterns,  captains  or  field  officers  shall 
.refuse  or  neglect  to  make  such  elections,  the  Governor  shall 
have  power  to  appoint  such  officers,  and  to  fill  all  vacancies 
caused  by  such  refusal  or  neglect. 

L  Sec.  8  No  commissioned  officer  shall  be  removed  from  office 
but  by  the  sentence  of  a  courtmartial,  or  by  the  Senate  on 
the  recommendation  of  the  Governor,  stating  the  grounds  on 
which  such  removal  is  recommended. 

9-  In  case  tjle  mode  of  election  and  appointment  of 
militia  officers  hereby  directed,  shall  not  be  found  conducive 
to  the  improvement  of  the  militia,  the  General  Assembly  may 

md  removal^6’  ^  pr0Vlde  hy  law  for  their  appointment 

J.  WlCKARD. 

Mr.  Dellinger  was  excused  from  attending  the  sessions  of 
.he  Convention  until  luesday  next,  and  Mr.  Berry  of  Balti 
more  county,  was  excused  from  attending  the  sessions  of  the 
convention  on  account  of  sickness. 


The  Convention  then  resumed  the  consideration  of  the  Re¬ 
port  or  the  Committee  on  the  Judiciary  Department 


Mr.  Negley  submitted  the  following  amendment  : 


Sec.  9. 
Bulges,” 


Strike  out  in  the  second  line  the  words  “all  of  t 
and  insert  “any  Judge.”  0t  Wlt 


On  motion  of  Mr.  Sands, 

The  further  consideration  of  the  section  was  informallv 
>assed  over.  *y 


520 


Mr.  Daniel  submitted  tlie  following  amendment : 

Insert  as  section  10  the  following  : 

Sec.  10.  The  testimony  in  equity  cases  shall  he  taken  in 
like  manner  as  in  cases  at  law. 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Davis,  of  Washington, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following : 

Messrs.  Baker,  Barron,  Berry,  of  Baltimore  county,  Berry, 
of  Prince  George’s,  Bond,  Briscoe,  Brooks,  Chambers,  Clarke, 
Cushing,  Dail,  Davis,  of  Charles,  Dellinger,  Dermis,  Far¬ 
row,  Gale,  Green,  Hatch,  Hebb,  Henkle,  Hoffman,  Holly- 
day,  Horsey,  Johnson,  Jones,  of  Cecil,  Larsh,  Mace,  Noble, 
Peter,  Bidgely,  Scott,  Smith,  of  Dorchester,  Sneary,  Sykes, 
Thomas,  Valliant,  Wilmer — 57. 

Mr.  Belt,  from  a  Select  Committee,  submitted  the  fol¬ 
lowing 

REPORT : 

The  Committee  heretofore  appointed  to  consider  and  Report 
upon  Section  49,  of  Article  3,  of  the  present  Constitution, 
having  reference  to  interest  and  the  Usury  Laws,  beg  leave 
to  report  their  unanimous  recommendation,  that  the  follow¬ 
ing  section  be  added  to  the  Article  on  the  Legislative  De¬ 
partment. 

Sec.  — .  The  legal  rate  of  interest  in  this  State  shall  be 
six  per  centum  per  annum,  except  in  cases  where  a  different 
rate  may  be  agreed  upon  between  contracting  parties  ;  and 
in  all  cases  of  private  contract,  the  rate  of  interest  agreed 
on,  or  contracted  for,  shall  be  recoverable  ;  and  the  General 


fcKS1  laws  that  may  be  necessa^ t0  ca-y 

Edward  W.  Belt, 

Chairman  of  tlie  Committee. 
Which  was  read  the  first  time. 

On  motion  of  Mr.  Stirling 

&  ) 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr 
Cushing  is  detained  from  his  seat  in  L  Z  ’r  Ml- 
count  of  sickness.  6  Conventl°n  on  ae- 

Report  ofTr!0”  'If11  res"m(f  the  consideration  of  the 
report  of  the  Committee  on  the  Judiciary  Department. 

Daniel,'  tot*  bel”S  °“  the  amendment  submitted  by  Mr. 

Insert  as  an  additional  section,  the  following: 

iib »"i,r  “"n  *• » 

Decided  in  the  negative. 

Mr.  Thruston  submitted  the  following  amendment : 

Sec.  9.  Strike  out  all  after  the  word  “thp  ”  in  n  x 
line,  and  insert :  Uie>  in  the  first 

to  hear  and  determine  the  same,  but  in  ctfof  suet  dig'alf 

the  partles  Ibereto  may  by  consent  appoint  a  person 
to  try  the  same  ;  and  the  parties  to  any  causi  may  sS 

same  to  the  Court  for  determination  without  the  aid  of  a 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment : 

Strike  out  from  the  word  “party,”  in  the  8th  llnp  +i, 
word  “cannot,”  in  the  9th  line  ’  t0  the 

Decided  in  the  affirmative. 

Mr.  Belt  submitted  the  following  amendment  : 

Sec.  10.  Insert  after  the  word  ur>pnrlinrr  ”  v  x 

Sts  p™f  >«  ««)„  ,k  ,PPii„,  sa 

petition,  presentment  or  indictment,  and  also  that  the '  said 
66 


522 


removal  is  not  applied  for  with  any  view  of  delaying  such 
trial,  or  of  evading  justice 

Decided  in  the  negative. 

Mr.  Sands  submitted  the  following  amendment : 

Sec.  10,  line  two,  strike  out  the  word  “may,”  and  insert 
the  word  “shall;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Todd  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Hopkins, 

Nyman, 

Billingsley, 

Jones,  of  Som. 

Parran, 

Blackiston, 

King, 

Pugh, 

Brown, 

Lansdale, 

Robinette, 

Carter, 

Lee, 

Sands, 

Crawford, 

Markey, 

Smith,  of  Carroll, 

Davis,  of  Wash., 

Mayhugh, 

Me  Co  mas, 

Smith,  of  Wor., 

Dent, 

Stirling, 

Edelen, 

Mitchell, 

Wickard, 

Wooden — 3 

Galloway, 

Hodson, 

Mullikin, 

Negative. 

Messrs. 

Hopper, 

Purnell, 

Goldsborough,  P’t 

Keefer, 

Russell, 

Abbott, 

Kennard, 

Schley, 

Annan, 

Marbury, 

Sclilosser, 

Audoun, 

Miller, 

Stockbridge, 

Cunningham, 

Murray, 

Swope, 

Daniel, 

Negley, 

Thruston, 

Earle, 

Parker, 

Todd — 24. 

Ecker, 

So  the  question 

upon  its  adoption 

was  decided  in  the 

affirmative. 

Mr.  Sands  submitted  the  following  amendment : 

Sec.  10,  amend  by  inserting  the  words  “by  affidavit  or 
otherwise, ”  in  line  seven,  between  the  words  “shall,”  and 
“make;” 

The  question  being  on  the  adoption  of  the  amendment, 


523 


Mr.  Edelen  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

ihe  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Billingsley, 

Blackiston, 

Crawford, 

Dent, 

Edelen, 

Galloway, 


Hopkins, 
Jones,  of  Som. 
King, 
Lansdale, 

Lee, 

Marbury, 

Markey, 

Negative. 


Mayhugh, 

Mitchell, 

Miller, 

Parran, 

Sands, 

Schlosser, 

Stirling — 20. 


Messrs. 

Goldsborough,P’t 

Abbott, 

Annan, 

Audoun, 

Brown, 

Carter, 

Cunningham, 

Daniel, 

Davis,  of  Wash. 
Earle, 

Ecker, 


Hodson, 

Hopper, 

Keefer, 

Kennard, 

Mullikin, 

Murray, 

Negley, 

Nyman, 

Parker, 

Pugh, 

Purnell, 


Bobinette, 

Bussell, 

Schley, 

Smith,  of  Carroll, 
Smith,  of  Wor. 
Stockbridge, 
Swope, 

Thruston, 

Todd, 

Wickard, 

Wooden — 33. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


Mr.  Stirling  submitted  the  following  amendments: 

Sec.  11,  line  one,  strike  out  the  words  “of  good  moral  char¬ 
acter,  being  a  voter;” 


Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment: 
Strike  out  “section  eleven;” 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Todd, 


The  Convention  adjourned. 


524 


THURSDAY,  August  18th,  18G4. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  Members  present  except  the  following  : 

Messrs.  Baker,  Belt,  Berry,  of  Baltimore  county,  Bond, 
Briscoe,  Dellinger,  Farrow,  Greene,  Harwood,  Henkle,  Hoff¬ 
man,  Hollyday,  Johnson,  Larsh,  Uoble,  Ridgely,  Scott, 
Sneary,  Yalliant,  Wilmer — 20. 

The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Hebb, 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr. 
Greene,  of  Allegany,  is  detained  from  his  seat  in  the  Conven¬ 
tion  on  account  of  sickness. 

On  motion  of  Mr.  Smith,  of  Dorchester. 

It  was  ordered  to  be  entered  on  the  Journal  that  Thomas 
J.  Dail,  is  kept  from  his  seat  in  the  Convention,  by  indispo¬ 
sition. 

On  motion  of  Mr.  Barron, 

It  was  ordered  to  be  entered  on  the  Journal  that  if  John 
Barron  had  been  present  he  would  have  voted  for  the  test  oath 
offered  by  Mr.  Stirling,  and  would  have  voted  for  the  amend¬ 
ment  to  the  report  of  the  Committee  on  the  Judiciary  offered 
by  Mr.  Abbott. 

Messrs.  Brooks  and  Barron  were  excused  from  attending 
the  evening  sessions  of  the  Convention,  Mr.  Wickard  from 
attending  the  session  this  evening,  Mr.  Thomas  from  attend¬ 
ance  for  a  few  days,  and  Mr.  Thruston  until  Monday. 

The  preamble  and  resolutions  submitted  by  Mr.  Marbury 
on  Tuesday  last,  authorizing  the  President  to  appoint  a  com¬ 
mittee  of  five  to  wait  on  the  authorities  of  Washington,  in 
reference  to  being  relieved  from  further  draft, 

Was  taken  up  fbr  consideration  on  its  second  reading. 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

The  consideration  of  the  resolutions  was  postponed. 

Mr.  Berry,  of  Prince  George’s  submitted  the  following 
order  : 


525 


Ordered  that  a  Committee  of  three  be  appointed  by  the 
President  to  correspond  with  the  proper  authorities,  and  fur¬ 
nish  this  Convention  with  the  number  of  recruits  both  white 
and  black,  which  have  been  received  into  the  service  of  the 
United  States,  from  the  several  counties  of  the  State,  and  the 
city  of  Baltimore,  and  also  the  number  credited  to  the  said 
counties  and  city  respectively. 

Mr.  Stirling  submitted  the  following  amendment: 

Strike  out  all  after  the  word  ‘‘that,”  in  the  first  line,  and 
insert: 

‘‘The  Governor  be  and  he  is  hereby  requested  to  furnish 
this  Convention  with  any  information  he  may  have  as  to  the 
quota  of  the  State,  and  the  credits  that  have  been  given  for 
inhabitants  of  the  State,  white  or  black,  who  have  been  en¬ 
listed  in  the  service  of  the  United  States. 

Mr.  Abbott  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?'’ 

It  was  decided  in  the  affirmative. 

_  * 

The  question  then  being  on  the  adoption  of  the  amend¬ 
ment  to  the  amendment ; 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  order  submitted  by  Mr. 
Berry,  of  Prince  Gerge’s. 

Mr.  Gale  demanded  the  yeas  and  nays; 

The  demand  being  sustained,  . 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Goldsborough,  P’t 
Berry,  of  P.  Geo., 
Billingsley, 
Blackiston, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Davis,  of  Charles, 
Dennis, 

Dent, 

Duvall, 


Affirmative, 

Edelen, 

Gale, 

Iiodson, 

Horsey, 

Jones,  of  Cecil, 
Jones,  of  Som., 
Lansdale, 

Lee, 

Mace, 

Marbury, 

Maybugh, 

Mitchell, 

Miller, 


Morgan, 

Negley, 

INvman, 

Parker, 

Par  ran, 

Peter, 

Sands, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Swope, 

Sykes, 

Todd, 

Turner — 38. 


526 


Negative. 


Messrs. 

Ecker, 

Murray, 

Abbott, 

Galloway, 

Pugh, 

Annan, 

Hatch, 

Purnell, 

Audoun, 

Hebb, 

Robinette, 

Barron, 

Hopkins, 

Russell, 

Brooks, 

Hopper, 

Schley, 

Carter, 

Keefer, 

Schlosser, 

Cunningham, 

Kennard, 

Stirling, 

Cushing, 

Markey, 

Stockhridge, 

Daniel, 

McComas, 

Thomas, 

Davis,  of  Wash., 
Earle, 

Mullikin, 

Wickard — 33. 

So  the  question  upon  its  adoption 
affirmative. 

was  decided  in  the 

Mr.  Todd  moved  that  the  vote  last  taken  be  reconsidered, 

The  question  being 

on  the  adoption  of  the  motion. 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 

Messrs. 

Hebb, 

Purnell, 

Goldsborough,  Ft. 

Hopkins, 

Robinette, 

Abbott, 

Hopper, 

Keefer, 

Russell, 

Annan, 

Sands, 

Audoun, 

Kennard, 

Schley, 

Barron, 

King, 

Schlosser, 

Brooks, 

Markey, 

Smith,  of  Wor., 

Cunningham, 

Mayhugh, 

McComas, 

Stirling. 

Cushing, 

Stockhridge, 

Daniel, 

Mullikin, 

Sykes, 

Thomas, 

Davis,  of  Wash., 

Murray, 

Negley, 

Earle, 

Todd, 

Ecker, 

Galloway, 

Hatch, 

Nyman, 

Wickard, 

Pugh, 

Negative. 

Wooden — 42. 

Messrs. 

Duvall, 

Marbury, 

Berry,  of  P.  Geo., 

Edelen, 

Mitchell, 

Billingsley, 

Gale, 

Miller, 

Blackiston, 

Hodson, 

Morgan, 

527 


Brown, 

Chambers, 

Clarke, 

Crawford, 


Horsey, 

Jones,  of  Cecil, 
Jones,  of  Som., 
Lansdale, 


Parker, 

Parr  an, 

Smith,  of  Carroll, 
Smith,  of  Dor., 


Davis,  of  Charles,  Dee.  Swone 

Dennis,  Mace,  Turner— 30. 

Dent, 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

On  motion  of  Mr.  Berry,  of  Prince  George’s, 

The  further  consideration  of  the  order  was  postponed  until 
to-morrow. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Report  of  the  Committee  on  the  Judiciary  Department  • 

Mi\  King  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment : 

uThat  the  Judicial  Districts  in  the  several  counties  of  the 
State  be  as  reported  by  the  Judiciary  Committee,  except 
hredenck  and  Baltimore  counties,  each  to  be  separate  Judi¬ 
cial  Districts.” 

Mr.  Mulliken  moved  to  reconsider  the  vote  by  which  the 
11th  section  of  the  Report  was  stricken  out ; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Abbott  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Abbott, 

Annan, 

Billingsley, 

Blackiston, 

Brown, 

Cunningham, 

Cushing, 

Davis,  of  Charles 
Davis,  of  Wash., 
Dennis, 

Dent, 

Ecker, 


Hebb 


Hopkins, 

Horsey, 

Jones,  of  Cecil 

Keefer, 

Ivennard, 

Kino- 

Lansdale, 

Mace, 

Marbury, 

Markey, 

Mayhugh, 

McComas, 

Morgan, 

Mullikin, 

Negley, 


Hyman, 

Parran, 

Robinette, 

Russell, 

Sands, 

Schlosser, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Swope, 

Sykes, 

Thomas, 

Todd, 


Hodson 


Wooden — 44. 


528 


Messrs. 

Goldsborough,  P’ t 
Audoun, 

Barron, 

Brooks, 

Carter, 

Chambers, 

Clark, 

Crawford, 


Negative. 

Daniel, 

Earle, 

Edelen, 

Galloway, 

Hatch, 

Hopper, 

Jones,  of  Som. 
Lee, 

Mitchell, 


Murray, 

Parker, 

Peter, 

Pugh, 

Purnell, 

Schley, 

Smith,  of  Wor., 
Stirling, 

Stockbr  idge — 2  6 . 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  question  then  being  on  the  adoption  of  the  motion  to 
strike  out  the  section. 


Mr.  Mullikin  submitted  the  following  amendment : 

Strike  out  all  after  the  word  “person,”  in  the  first  line, 
and  insert  the  words,  “being  a  voter,  shall  be  admitted  to 
practice  law  in  all  the  Courts  of  this  State,  in  his  own 
case 

Mr.  Jones,  of  Somerset,  submitted  the  following  amend¬ 
ment  to  the  amendment : 

Strike  out  the  words  “being  a  voter 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment : 


Mr.  Jones,  of  Somerset  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Chambers, 

Crawford, 

Daniel, 

Dennis, 

Edelen, 


Affirmative. 

Hatch, 

Horsey, 

Jones,  of  Som., 

Lansdale, 

McComas, 


Mitchell, 
Murray, 
Schley, 
Stockbridge, 
Thruston — 15. 


Parran, 

Peter, 

Pugh, 

Purnell, 


Negative. 

Messrs.  Gale, 

Goldsborough,  P’t  Galloway, 
Abbott,  Hebb, 

Annan,  Hodson, 


Audoun, 

Hopkins, 

Barron, 

Hopper, 

Berry,  of  P.  Geo., 

Jones,  of  Cecil, 

Billingsley, 

Keefer, 

Blackiston, 

Kennard, 

Brooks, 

King, 

Brown, 

Lee, 

Carter, 

Mace, 

Clarke, 

Marbury, 

Cunningham, 

Markey, 

Davis,  of  Charles, 

Mayhugh, 

Davis,  of  Wash., 

Morgan, 

Dent, 

Mullikin, 

Duvall, 

Negley, 

Earle, 

Hyman, 

Ecker, 

Parker, 

So  the  question  upon  its  adoption 

negative. 

Robinette, 

Russell, 

Sands, 

Schlosser, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Smith,  of  Wor., 
Stirling, 

Swope, 

Sykes , 

Thomas, 

Todd, 

Turner, 

Wickard, 

Wooden — 57. 

was  decided  in  the 


Mr.  Chambers  submitted  the  following  amendment. 

Strikeout  the  words  “admitted  to  practice  law, and  in¬ 
sert  the  words  “permitted  to  appear  and  try  his  own  case,” 
and  strike  out  the  words,  in  the  last  line,  “in  his  own  case;” 

Decided  in  the  affirmative. 

The  question  then  recurring  upon  the  original  motion 
to  strike  out  the  section, 

It  was  decided  in  the  affirmative. 


Mr.  Thruston  moved  to  further  to  amend  the  amendment 
by  striking  out  the  words  “voter  in  this  State,”  and  insert 
the  words  “citizens  of  the  United  States;” 

Decided  in  the  affirmative. 

The  question  then  recurring  upon  the  amendment  submit¬ 
ted  by  Mr.  Mullikin,  as  amended,  to  wdt: 

“Sec.  11,  every  person,  being  a  citizen  of  the  United  States, 
shall  be  permitted  to  appear  to,  and  try  his  own  case;” 

Mr.  Chambers  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 

Messrs.  Galloway,  Mullikin, 

Abbott,  Hebb,  Hegley, 

67 


530 


Annan, 

Hopkins, 

Nyman, 

Audoun, 

Hopper, 

Robinette, 

Barron, 

Horsey, 

Sands, 

Brown, 

Jones,  of  Som. 

Schlosser, 

Crawford, 

Keefer, 

Smith  of  Car. 

Cunningham, 

Kennard,  " 

Smith,  of  Dor., 

Daniel, 

King, 

Smith,  of  Wor., 

Davis,  of  Charles, 

Lansdale, 

Sykes, 

Davis,  of  Wash., 

Markey, 

Thomas, 

Dennis, 

Mayliugh, 

Thruston, 

Duvall, 

McComas, 

Wickard — 40. 

Ecker, 

Negative. 

Messrs. 

Edelen, 

Peter, 

Goldsborougli,  P’t 

Hatch, 

Pugh, 

Berry,  of  P.  Geo., 

Jones,  of  Cecil, 

Purnell, 

Billingsley, 

Lee, 

Russell, 

Blackiston, 

Mace, 

Schley, 

Brooks, 

Marbury, 

Stirling, 

Carter, 

Mitchell, 

Stockbridge, 

Chambers, 

Morgan, 

Swope, 

Clarke, 

Murray, 

Todd, 

Dent, 

Parker, 

Turner, 

Earle, 

Parran, 

Wooden — 32. 

So  the  question  upon  its  adoption 
affirmative. 


was  decided  in  the 


Mr.  Abbott  submitted  the  following  amendment : 

Sec.  12,  line  twelve,  strike  out  the  words  “appointed,”  and 
insert  the  worths  “elected;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Chambers  demanded  the  yeas  and  nays, 

The  demand  being  sustained. 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Berry,  of  P.  G. 
Billingsley, 
Blackiston, 
Crawford, 


Affirmative. 

Galloway, 

Hatch, 

Hopkins, 

Horsey, 

Jones,  of  Sorn., 

Keefer, 

Kennard, 

King, 


Murray, 

Negley, 

Parran, 

Purnell, 

Robinette, 

Sands, 

Schley, 

Schlosser, 


531 


Davis,  of  Wash 
Dennis, 

Dent, 

Duvall, 

Ecker, 

Edelen, 

Gale, 


,  Lee, 


Marbury, 
May  h  ugh, 
McComas, 
Mitchell, 
Morgan , 


Smith,  of  Carroll, 
Smith,  of  Dor., 
Thomas, 

Turner, 

Wickard, 


Wooden — 42. 


Negative. 


Messrs. 


Hebb 


Russell, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thruston — 19. 


Goldsborough,  Pt.  Hopper, 


Brown, 


Clarke, 

Daniel, 

Earle, 


Chambers, 


Jones,  of  Cecil 
Lansdale, 
Mullikin, 
Parker, 

Peter, 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Dent  submitted  the  following  amendment: 

Sec.  12,  add  at  the  end  of  section  12,  “by  the  qualified 
voters  thereof;’ ’ 

Mr.  Thruston  submitted  the  following  amendment  to  the 
amendment: 

Strike  out  the  word  “thereof,”  in  last  line,  and  insert  the 
words  “whole  State  ;” 

Mr.  Thomas  submitted  the  following  amendment : 

Strike  out  all  after  the  word  “the,”  in  the  first  line,  and 
insert  the  following  : 

“Court  of  Appeals  shall  consist  of  a  Chief  Justice  and 
four  Associate  Justices  and  for  their  selection  the  State  shall 
be  divided  into  four  Judicial  Districts.  Allegany,  Washing¬ 
ton,  Frederick,  Carroll,  Baltimore  and  Harford  counties,  shall 
compose  the  first ;  Montgomery  Howard,  Anne  Arundel,  Cal¬ 
vert,  St.  Mary’s  Charles  and  Prince  George’s,  the  second  ; 
Baltimorcity, .  the  third;  and  Cecil,  Kent,  Queen  Anne’s, 
Talbot,  Caroline,  Dorchester,  Somerset  and  Worcester,  shall 
compose  the  fourth  district ;  and  the  Chief  Justice  shall  be 
elected  by  the  qualified  voters  of  the  counties  and  the  city  of 
Baltimore  on  a  general  ticket. 

And  one  person  from  among  those  learned  in  the  law,  hav¬ 
ing  been  admitted  to  practice  law  in  this  State  and  who  shall 
have  been  a  citizen  of  this  State  at  least  five  years, 
and  above  the  age  of  thirty  years  at  the  time  of  his 


532 


election,  and  a  resident  of  the  Judicial  District,  or  if 
Chief  Justice  a  resident  of  the  State  as  herein  provid¬ 
ed,  shall  he  elected  from  each  of  said  districts  and  the 
State,  by  the  legal  and  qualified  voters  therein  as  a  Judge 
of  said  Court  of  Appeals,  who  shall  hold  his  office  for  the 
term  of  fifteen  years  from  the  time  of  his  election  or  until  he 
shall  have  attained  the  age  of  seventy  years,  whichever  may 
first  happen,  and  be  re-eligable  thereto  until  he  shall  have 
attained  the  age  of  seventy  years,  and  not  after,  subject  to 
removal  for  incompetency,  willful  neglect  of  duty  or  misbe¬ 
havior  in  office,  on  conviction  in  a  Court  of  law,  or  by  the 
Governor  upon  the  address  of  the  General  Assembly  two- 
thirds  of  the  members  of  each  house  concurring  in  such  ad¬ 
dress,  and  the  salary  of  each  of  the  Judges  of  the  Court  of 
Appeals,  shall  he  four  thousand  dollars,  ($4,000,)  annually, 
and  shall  not  he  in  increased  or  diminished  during  their  con¬ 
tinuance  in  office,  and  no  fees  or  perquisites  of  any  kind  shall 
he  allowed  by  law  to  any  of  the  said  Judges 

The  question  being  on  the  adoption  of  the  amendment  of 
Mr.  Thruston  to  the  amendment  of  Mr.  Dent  ; 

Mr.  Stirling  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hopper, 

Bobinette, 

Annan, 

Jones,  of  Cecil, 

Russell, 

Audoun, 

Keefer, 

Sands, 

Barron, 

Kennard, 

Schley, 

Brooks, 

Mar  key, 

Schlosser, 

Cunningham, 

Mayhugh, 

Smith,  of  Carroll 

Cushing, 

McComas, 

Smith,  ofWor., 

Daniel, 

Mullikin. 

j 

Stirling, 

Davis,  of  Wash., 

Murray, 

Stockbridge, 

Ecker, 

Negley, 

Sykes, 

Thruston, 

Galloway, 

Parker, 

Hatch, 

Pugh, 

Wickard, 

Hebb, 

Hopkins, 

Purnell, 

Negative. 

Wooden — 39. 

Messrs. 

Duvall, 

Mitchell, 

Abbott, 

Earle, 

Miller, 

Berry,  of  P.  Geo., 

Edelen, 

Morgan, 

Billingsley, 

Gale, 

Par  ran, 

Blackiston, 

Horsey, 

Peter, 

533 


Brown, 

Chambers, 

Crawford, 

Davis,  of  Charles, 
Dennis, 

Dent, 


Jones,  of  Som. 

King, 

Lansdale, 

Lee, 

Marbury, 


Smith,  of  Dor., 
Swope, 

Thomas, 

Todd, 

Turner — 30. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

On  motion  of  Mr.  Gale, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 


The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

Messrs..  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Bond,  Briscoe,  Brooks,  Dail,  Davis,  of  Charles,  Dellinger, 
Dennis,  Farrow,  Greene,  Hatch,  Henkle,  Hollyday,  Johnson! 
Jones,  of  Cecil,  Larsh,  Mace,  Noble,  Peter,  Bidgely,  Scott, 
Smith,  of  Dorchester,  Sneary,  Thomas,  Thruston,  Valliant, 
Wickard,  Wilmer,  Wooden — 32. 

On  motion  of  Mr.  Ecker. 

It  was  ordered  to  be  entered  upon  the  Journal,  that  Mr. 
Wooden  is  detained  from  his  seat,  having  been  unexpectedlv 
called  away  on  important  business. 

The  Convention  resumed  the  consideration  of  the  Report 
of  the  Committee  on  the  Judiciary  Department ; 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Dent,  as  amended  by  Mr.  Thruston  ; 

Mr.  Berry,  of  Prince  George’s,  moved  to  postpone  infor¬ 
mally  the  further  consideration  of  the  section  ; 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  as  amended, 


534 


Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Affirmative. 


Messrs. 

Keefer, 

Kennard, 

Robinette, 

Annan, 

Russell, 

Carter, 

King, 

Sands, 

Cunningham, 

Markey, 

Schley, 

Cushing, 

Mayhugh, 

Schlosser, 

Daniel, 

Davis/  of  Wash., 

McComas, 

Smith,  of  Wor., 

Mullikin, 

Stirling, 

Ecker, 

Murray, 

Stockbridge, 

Galloway, 

Negley, 

Swope, 

Hebb, 

Nyman, 

Sykes, 

Hopkins, 

Hopper, 

Pugh, 

Purnell, 

Negative. 

Todd — 34. 

Messrs. 

Crawford, 

Lansdale, 

Goldsborough,  P’t 

Dent, 

Duvall, 

Lee, 

Abbott, 

Mar  bury, 

Audoun, 

Earle, 

Mitchell, 

Berry,  of  P.  Geo. 

Edelen, 

Miller, 

Billingsley, 

Gale, 

Morgan, 

Blackiston, 

Hodson, 

Parran, 

Brown, 

Chambers, 

Clarke, 

Horsey, 

Smith,  of  Carroll, 

Jones,  of  Som., 

Turner — 27. 

So  the  question  upon  its  adoption 
affirmative. 

was  decided  in  the 

The  question  then  recurring  upon 
amendment  submitted  by  Mr.  Thomas  , 

the  adoption  of  the 

On  motion  of  Mr. 

Smith,  of  Carroll 

The  further  consideration  of  section 

12,  was  informally 

passed  over. 

Mr.  Berry,  of  Prince  George’s  gave  notice  that  when  the 
section  was  again  connsidered,  he  would  submit  the  following 
amendment: 

Strike  out  the  words  in  the  amendment  “for  the  period  of 
fifteen  years,”  and  insert  “for  life,  or  until  they  shall  arrive 
at  the  age  of  sixty  years.” 


535 


Mi.  Miller  submitted  the  following  amendment : 

Sec.  14..  Strike  out  down  to  the  word  “and,”  in  the  third 
line  and  insert  -the  Court  of  Appeals  shall  have  appellate 

ShaU  ^  C°-extensive  with  the  limits 


Decided  in  the  negative. 

Mi.  Marbury  submitted  the  following  amendment: 

Sec.  16,  line  two,  strike  out  the  word  -four  ”  and 
the  word  -five;” 


insert 


Decided  in  the  negative.  t 

Mr.  Davis,  of  Washington,  submitted  the  following  amend- 

theSword4’'thrU”0’  ^  ^  ^  ^  “foUr>”  and  i^ert 

The  question  b<hng  on  the  adoption  of  the  amendment, 
Mr.  Galloway  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Goldsborough,  P’t 
Annan, 

Audoun, 

Billingsley, 

Brown, 

Carter, 

Cunningham, 
Davis,  of  Wash., 
Duvall, 

Ecker, 

Edelen, 

Galloway, 

Hopper, 

Horsey, 

Keefer, 

King, 

Lee, 

Markey, 

Mayhugh, 

McComas, 

Mitchell, 

Mullikin, 

Murray, 

Negley, 

$ 

Nyman, 

Parran, 

Purnell, 

Kobinette, 

Bussell, 

Bands, 

Schlosser, 

Smith,  of  Wor., 
Swope, 

Sykes, 

Todd, 

Turner — 36. 

Negative. 

Messrs. 

Abbott, 

Berry,  of  P.  Geo., 

Blackiston, 

Chambers, 

Clarke, 

Earle, 

Harwood, 

Hebb, 

Hodson, 

Hopkins, 

Jones,  of  Som., 

Miller, 

Morgan, 

Parker, 

Pugh, 

Schley, 

Smith,  of  Carroll, 

536 


Crawford 

Daniel, 


Kennard, 

Lansdale, 

Marbury, 


Stirling, 

Stockbridge — 25 . 


Dent 


So  the  question  upon  its  adoption  was  decided  in  the  af¬ 
firmative. 

\ 

Mr.  Miller  submitted  the  following  amendment : 

Sec.  17.  Add  to  end  of  section  the  words  “which  the  Judges 
shall  designate  as  proper  for  publication;” 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Sec.  19.  Strike  out  all  after  the  word*  “'the,”  in  the  first 
line,  and  insert : 

“State  shall  be  divided  into  twelve  Judicial  Circuits,  in 
manner  following:  The  counties  of  St.  Mary’s,  Charles,  and 
Prince  George’s,  shall  constitute  the  first  Circuit ;  the  coun¬ 
ties  of  Anne  Arundel,  Calvert  and  Montgomery,  the  second  ; 
the  county  of  Frederick,  the  third  ;  the  county  of  Washing¬ 
ton,  the  fourth  ;  the  county  of  Allegany,  the  fifth  ;  the  coun¬ 
ties  of  Carroll  and  Howard,  the  sixth  ;  the  county  of  Balti¬ 
more,  the  seventh ;  the  counties  of  Harford  and  Cecil,  the 
eighth  ;  the  counties  of  Kent,  Queen  Anne’s  and  Talbot,  the 
ninth  ;  the  counties  of  Caroline  and  Dorchester,  the  tenth  ; 
the  counties  of  Somerset  and  Worcester,  the  eleventh  ;  and 
the  city  of  Baltimore,  the  twelfth.” 

On  motion  of  Mr.  King, 

The  further  consideration  of  section  nineteen  was  infor¬ 
mally  passed  over. 

Mr.  Hebb  submitted  the  following  amendment: 

Strike  out  the  section  and  insert : 

Sec.  20.  One  Court  shall  be  held  in  each  county  of  the 
State  ;  the  said  Courts  shall  be  called  Circuit  Courts  for  the 
county  in  which  they  may  be  held,  and  shall  have  and  exer¬ 
cise  all  the  power,  authority  and  jurisdiction,  original  and 
appellate,  which  the  present  Circuit  Courts  of  this  State  now 
have  and  exercise,  or  which  may  hereafter  be  prescribed  by 
law. 

Mr.  Clarke  submitted  the  following  amendment  to  the 
amendment : 

Sec.  20.  There  shall  be  a  Judge  for  each  county  in  the 
State,  who  shall  be  elected  by  the  legal  and  qualified  voters 
thereof,  from  among  those  learned  in  the  law. 


537 


/ 


Pending  the  consideration  of  which, 

Mr.  Davis,  of  Washington,  asked  and  obtained  leave  to 
absent  himself  from  the  sessions  of  the  Convention  for  a  few 
days. 

Mr.  Hebb  gave  notice  that  he  would  submit  the  following 
amendment : 

Strike  out  section  21,  and  insert : 

Sec.  21.  For  each  circuit  (the  twelfth  excepted)  there  shall 
be  one  Judge;  the  said  Judges  shall  be  styled  Circuit  Judges, 
and  shall  hold  a  term  of  their  Courts  in  each  of  the  counties 
composing  their  respective  circuits  at  such  times  as  now  are 
or  may  hereafter  bo  fixed  by  law,  such  terms  to  he  never  less 
than  two  in  each  year  in  each  county;  special  terms  may  be 
held  by  said  Judges,  in  their  discretion,  whenever  the  busi¬ 
ness  of  their  several  counties  renders  such  terms  necessary. 

On  motion  of  Mr.  Stockbridge, 

The  Convention  adjourned. 


FRIDAY,  August  19th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  the  following : 

Messrs.  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county 
Chambers,  Dail,  Davis,  of  ^Washington,  Dellinger,  Dennis 
Dent,  Farrow,  Greene,  Henkle,  Hoffman,  Hollyday,  John¬ 
son,  Jones,  of  Cecil,  Mace,  Marbury,  Noble,  Peter,  Scott 
Thomas,  Thruston,  Yalliant,  Wilmer — 26. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Audoun  submitted  the  following  order: 

Ordered,  That  the  minority  report  on  Militia  and  Military 
Affairs  be  printed  in  bill  form,  and  furnished  to  members  of 
the  Convention. 


68 


538 


Which  was  adopted. 

Mr.  Morgan  submitted  the  following  order  : 

Ordered,  That  when  this  Convention  adjourns  to-day  it 
stands  adjourned  to  meet  on  Monday  next,  at  12  o’clock. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Stirling  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Affirmative. 

Gale, 

Mitchell, 

Goldsborough ,  P’t 

Harwood, 

Morgan, 

Audoun, 

Hatch, 

Mullikin, 

Belt, 

Henkle, 

Parran, 

Billingsley, 

Hodson, 

Ridgely, 

Blackiston, 

Hopkins, 

Schley, 

Bond, 

Hopper, 

Sclilosser, 

Briscoe, 

Horsey, 

Smith,  of  Dor., 

Brooks, 

Jones,  of  Som. , 

Smith,  of  Wor., 

Chambers, 

Keefer, 

Sneary, 

Clarke, 

Kennard, 

Stirling, 

Crawford, 

Lansdale, 

Sykes, 

Davis,  of  Charles, 

Larsli, 

Todd, 

Duvall, 

Edelen, 

Lee, 

Turner, 

Marbury, 

Wickard — 44. 

Negative. 

« 

Messrs. 

Galloway, 

Parker, 

Abbott, 

Hebb, 

Pugh, 

Annan, 

King, 

Purnell, 

Brown, 

Mar  key, 

Robinette, 

Carter, 

Mayhugh, 

Russell. 

Cunningliam, 

McComas, 

Sands, 

Cushing, 

Miller, 

Smith,  of  Carroll, 

Daniel, 

Murray, 

Stockbridge, 

Earle, 

Negley, 

Swope, 

Ecker, 

Nyman, 

Wooden — 29. 

So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 


On  motion  of  Mr.  Ridgely, 

It  was  ordered  to  be  entered  upon  the  Journal  that  Mr. 
Hoftman,  of  Baltimore  county,  is  detained  from  his  seat  in 


539 


this  Convention  by  reason  of  the  dangerous  illness  of  a  mem¬ 
ber  of  his  family. 

On  motion  of  Mr.  Duvall, 

It  was  ordereed  to  be  entered  on  the  Journal  that  Mr.  Peter 
is  detained  from  his  seat  in  this  Convention  on  account  of  in¬ 
disposition;  Messrs.  Duvall  and  Hopper  were  excused  from 
attending  the  sessions  of  the  Convention  until  Monday;  Messrs. 
Clarke,  Todd  and  Markey  for  a  few  days;  Mr.  Davis,  of 
Charles,  until  Tuesday,  and  Mr.  Itidgely  until  Tuesday. 

The  Convention  proceeded  to  the  consideration  of  the 
Report  of  the  Committee  on  the  Judiciary  Department; 

The  question  being  on  the  adoption  of  the  amendment  of 
Mr.  Clarke,  to  the  amendment  of  Mr.  Hebb; 

Mr  Clarke  withdrew  his  amendment. 

The  question  then  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Hebb  ; 

On  motion  of  Mr.  Smith,  of  Carroll, 

The  further  consideration  of  the  report  was  postponed  until 
Tuesday  next,  at  half-past  ten  o’clock. 

Mr.  Clarke  gave  notice  that  when  the  report  was  a^ain 
considered,  he  would  submit  the  following  amendment :  ° 

Part  III. — County  and  Circuit  Courts. 

.  Sec.  19.  There  shall  be  a  Judge  for  each  county  in  the 
State,  who  shall  be  elected  by  the  legal  and  qualified  voters 
of  the  several  counties.  He  shall  be  a  resident  for  one  year 
in  the  county  for  which  he  may  be  elected  next  before  the 
time  of  his  election,  and  shall  reside  in  the  county  for  which 
he  is  elected  while  he  continues  to  act  as  Judge. 

Sec.  20.  There  shall  a  Court  in  each  county  in  the  State  ; 
they  shall  be  called  Equity  Courts  for  the  county  in  which 
they  are  held.  The  J udge  elected  for  each  county,  shall  be  the 
Judge  of  the  said  Court,  and  shall  have  and  exercise  in  the 
county  for  which  he  is  elected,  the  full  and  exclusive  power, 
authority  and  jurisdiction  of  a  Court  of  Equity  in  their  said 
county,  with  all  the  Chancery  powers  which  the  present  Cir¬ 
cuit  Courts  have  as  Courts  of  Equity  in  the  several  counties, 
or  which  may  be  hereafter  prescribed  by  laws  made  pursuant 
to  this  Constitution,  with  the  right  of  appeal  to  the  Court  of 
Appeals,  as  is  now  or  may  be  hereafter  provided  for  by  law. 
He  shall  hold  at  least  four  terms  of  the  Eqity  Court  for  the 
county,  or  oftener  if  required  by  law,  and  shall  be  ex-officio 


540 


Chief  Judge  of  the  Orphans’  Court  of  the  county  for  which 
he  is  elected. 

Sec.  21.  Same  as  section  19  in  the  Report  of  the  Com¬ 
mittee. 

Sec.  22.  In  each  of  the  above  named  Circuits,  except  the 
eighth,  there  shall  be  three  Courts,  one  to  be  held  in  each 
county,  they  shall  be  called  Circuit  Courts  for  the  county  in 
which  they  may  be  held,  and  shall  have  and  exercise  in  the 
several  counties  of  the  respective  Circuits  all  the  common  law 
power  and  authority,  original  and  appellate,  and  criminal 
jurisdiction  which  the  Circuit  Courts  for  the  several  counties 
now  have,  hold  and  exercise,  or  which  may  hereafter  be  pre¬ 
scribed  by  laws  made  pursuant  to  this  Constitution. 

Sec.  23.  The  Judges  of  the  several  counties  comprising  the 
said  Judicial  Circuits  shall  be  the  Judges  of  the  Circuit  Courts 
for  the  respective  counties  embraced  within  the  said  Judicial 
Circuits.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  designate  the  Chief  J ustice  of  the  -several 
Circuits.  The  said  Judges  shall  hold  a. term  of  their  Courts 
in  each  of  the  counties  composing  their  respective  Circuits  at 
such  times  as  now  are,  or  may  hereafter  be  fixed  by  law,  such 
terms  to  be  never  less  than  two  in  each  year  in  each  county. 
Special  terms  may  be  held  by  said  Judges,  in  their  discretion, 
whenever  the  business  of  the  several  counties  renders  such 
terms  necessary;  a  single  Judge  may  hold  sessions  of  the  Cir¬ 
cuit  Court  for  the  disposal  of  all  business  merely  formal  and 
uncontested,  such  causes  civil  or  criminal  as  the  parties  liti¬ 
gant  shall  consent  in  writing  to  try  before  a  single  Judge, 
and  appeals  from  Justices  of  the  Peace  where  the  parties  agree 
in  writing  to  waive  a  trial  by  jury,  and  to  try  the  appeal  be¬ 
fore  a  single  Judge.” 

Sec.  24.  The  Chief  Justice  when  so  appointed  as  herein 
prescribed,  shall  when  attending,  preside  in  said  Courts,  and 
in  case  of  his  absence  or  his  withdrawing  from  the  bench,  the 
Judge  next  in  seniority,  to  be  determined  from  the  date  of 
the  commission,  who  shall  be  present  shall  preside  therein  ; 
and  in  case  of  the  death,  disqualification,  or  refusal  to  act,  of 
the  person  appointed  Chief  Justice  as  aforesaid,  the  Judge 
next  in  seniority  as  aforesaid,  shall  be  the  Chief  Justice  of 
the  said  Court  until  a  new  appointment  of  Chief  Justice  shall 
be  made  as  aforesaid. 

Mr.  Belt  moved  that  the  several  proposed  amendments  be 
printed  in  bill  form  ; 

Decided  in  the  affirmative. 


541 


On  motion  of  Mr.  Berry,  of  Prince  George’s  ; 

The  order  submitted  by  him  yesterday  was  taken  up 

Mr.  Berry,  of  Prince  George’s,  submitted  the  following 
as  an  amendment  to  said  order  : 

“Ordered,  that  a  Committee  to  consist  of  nine  members  of 
the  Convention  be  appointed  by  the  President  to  wait  upon 
his  Excellency,  Governor  Bradford,  and  respectfully  request 
him  to  ascertain  from  the  proper  authorities,  and  report  to 
this  Convention  at  his  earliest  convenience,  the  number  of 
leci uits,  both  white  and  black,  that  have  been  received  into 
the  sei vice  of  the  United  States  from  the  city  of  Baltimore 
and  several  counties  in  the  State  respectively,  since  the  be¬ 
ginning  of  this  war,  also  the  number  that  have  been  credited 
to  the  said  city  and  counties  respectively,  and  if  possible  to 
have  the  enrollment  so  revised  and  corrected,  as  to  give  the 
said  city  and  several  counties  a  credit  for  all  the  recruits 
furnished  by  them  as  aforesaid,  also  take  such  steps  as  mav 
he  necessary  to  have  credited  to  said  city  and  counties  all 
persons  who  may  have  been  enlisted  by  military  officers  in 
the  employ  of  the  United  States,  under  the  pretended  authori¬ 
ty  of  the  Government,  and  transferred  by  them  and  credited 
to  any  of  the  States  of  the  Union.” 

Mr.  Hebb  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  all  after  the  word  “that,”  in  the  first  line,  to 
the  word  “to,”  in  the  seventh  line,  and  insert  the  words  “'the 
Governor  be  respectfully  requested  to  communicate 

Mr.  Abbott  called  the  previous  question  ; 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  negative. 

I.  he  question  then  being  on  the  adoption  of  the  amend¬ 
ment  to  the  amendment. 

Mi  .  Berry,  of  Prince  George’s,  demanded  the  yeas  and 


nays, 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Goldsborough,  P’t 


Affirmative. 

Hopper, 

Keefer, 


Bobinette, 

Russell, 


V* 


542 


Annan, 

Kennard, 

Sands, 

Bond, 

Larsh, 

Marbury, 

Sclilosser, 

Brooks, 

Smith,  of  Carroll 

Carter, 

Markey, 

Mayhugh, 

Smith,  of  Wor., 

Cunningham, 

Sneary, 

Cushing, 

McComas, 

Stirling, 

Daniel, 

Mullikin, 

Stockbridge, 

Ecker, 

Murray, 

Negley, 

Swope, 

Galloway, 

Harwood, 

Sykes, 

Nyman, 

Todd, 

Hebb, 

Hopkins, 

Parker, 

Purnell, 

Negative. 

Wooden — 40. 

essrs. 

Davis,  of  Charles, 

King, 

Abbott, 

Dent, 

Lansdale, 

Belt, 

Duvall, 

Lee, 

Mitchell, 

Berry,  of  P.  Geo. 

Earle, 

Billingsley, 

Edelen, 

Miller, 

Blackiston, 

Gale, 

Morgan, 

Briscoe, 

Hatch, 

Parran, 

Brown, 

Chambers, 

Henkle, 

Pugh, 

Hodson, 

Ridgely, 

Clarke, 

Horsey, 

Smith,  of  Dor., 

Crawford, 

Jones,  of  Som. , 

Turner — 32. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Briscoe  submitted  the  following  amendment: 

Strikeout  all  after  the  word  “that,”  in  the  first  line,  to 
the  word  “the,”  in  the  ninth  line,  and  insert  the  words  “the 
Governor  and  Adjutant  General  of  this  State  be  requested,  in 
conjunction  with  a  committee  of  the  members  of  this  Conven¬ 
tion  to  he  appointed  by  the  Chair,  to  proceed  to  the  War  'De¬ 
partment,  and  after  conference  with  the  proper  authorities  to 
obtain;” 

Mr.  Stirling  moved  to  indefinitely  postpone  the  whole  sub¬ 
ject. 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Berry,  of  Prince  George's,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


543 


m 


Affirmative. 


Messrs. 

Goldsborough,P’t 

Abbott, 

Annan, 

Aiidonn, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Earle, 

Ecker, 

Galloway, 

Hatch, 

Hebb, 


Messrs. 

Belt, 

Berry,  of  P.  Geo., 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 


Hopkins, 

Hopper, 

Keefer, 

Kennard, 

King, 

Larsh, 

Mar  key, 
Mayhugh, 

Me  Com  as, 
Mullildn, 

Murray, 

Negiey, 

Nyman, 

Parker, 

Pugh, 

Negative. 

Crawford, 

Davis,  of  Charles, 
Dent, 

Duvall, 

Edelen, 

Gale, 

Harwood, 

Henkle, 

Hodson, 

Horsey, 


Purnell, 

Ridgely, 

Robinette, 

Russell, 

Schlosser, 

Smith,  of  Carrol], 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

owope, 

Sykes, 

Todd, 

Wickard, 

Wooden — 44. 


Jones,  ofSom. 
Lansdale, 

Lee, 

Marbury, 

Mitchell, 

Miller, 

Morgan, 

Parran, 

Smith,  of  Dor. 
Turner — 28. 


affirmative qneSt'°n  'lp°n  itS  adoPtion  was  decided  in  the 


On  motion  of  Mr.  Stockbridge, 

The  Convention  proceeded  to  the  consideration  of  the  re¬ 
port  on  State’s  Attorneys. 


Mr.  Daniel  submitted  the  following  amendment  : 

Strike  out  all  between  the  word  “General,”  in  line  one 

tlm  Cot'™1'1  W0’”  ln  .H"e  f,our>  and  insert  “appointed  by 
Senator”  n°r’  ^  ^  Wlth  t  l°  advice  and  consent  of  the 

The  question  being  on  the  adoption  of  the  amendment, 
Mi .  Daniel  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


544 


Messrs. 

544 

Affirmative. 

Earle, 

Par  ran, 

Goldsborough  ,P’t 

Edelen, 

Purnell, 

Bond, 

Hopkins, 

Ridgely, 

Briscoe, 

Lee,  . 

Russell, 

Chambers, 

Mitchell, 

Smith,  of  Carroll, 
Stockbridge, 

Clark, 

Miller, 

Daniel, 

Mullikin, 

Sykes, 

Davis,  of  Charles, 

Parker, 

Todd — 24. 

Dent, 

Messrs. 

Negative. 

Hatch, 

McComas, 

Abbott, 

Hebb, 

Murray, 

Annan, 

Horsey, 

Negley, 

Audoun, 

Jones,  of  Som. 

Nyman, 

Blackiston , 

Keefer, 

Robinette, 

Brooks, 

Ivennard, 

Sands, 

Brown, 

Cunningham, 

King, 

Schlosser, 

Larsh, 

Stirling, 

Duvall, 

Mar  bury, 

Swope, 

Wickard, 

Ecker, 

Markey, 

Gale, 

Mayhugh , 

Wooden— 33. 

Galloway, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Hebb  submitted  the  following  amendment : 

Sec.  1.  Strike  out  all  after  the  word  “the,”  in  the  second  line 
to  the  word  “and,”  in  the  third  line,  and  insert  the  words 
“Tuesday  next  after  the  first  Monday  in  November,  in  the 
year  eighteen  hundred  and  sixty-four;” 

Decided  in  the  affirmative. 

Mr.  Ilcbb  submitted  the  following  amendment : 

Sec.  1,  line  three,  strike  out  the  word  “every,”  and  insert 
the  words  “in  every  fourth,”  and  in  line  four,  after  the  word 
“for,”  insert  the  word  “four;” 

Decided  in  the  affirmative. 

Mr.  Audoun  submitted  the  following  amendment : 

Sec.  3,  line  fifteen,  after  the  word  “of,”  insert  the  word 
“three;” 

Mr.  Edclen  moved  to  insert  “two;” 

Mr.  Stirling  moved  to  insert  “twenty-five  hundred,”  and 
strike  out  the  word  “thousand;” 


The  question  being  on  the  adoption  of  the  amendment  sub 
rnitted  by  Mr.  Aunoun, 


ill*.  Mayhugh  demanded  the  yeas  and  nays, 
The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Goldsborough,  P*t 

Audoun, 

Blackiston, 


Bond, 

Briscoe, 

Brooks, 

Carter, 

Chambers, 

Clarke, 

Dent, 


Duvall, 

Earle, 

Galloway, 

Hopkins, 

Kennard, 

Lansdale, 

Larsh, 

McComas, 

Miller, 

Negley, 


Negative. 


Messrs. 

Abbott, 

Annan, 

Billingsley, 

Brown, 

Crawford, 

Cunningham, 

Daniel, 

Davis,  of  Charles, 
Ecker, 

Edelen, 


Gale, 

Hatch, 

Hebb, 

Hopper, 

Horsey, 

Keefer, 

King 

Lee, 

Markey, 

Mayhugh, 

Mitchell, 


Nyman, 

Parker, 

Eidgely, 

Russell, 

Smith,  of  Carroll, 
Sneary, 

Stirling, 

Stockbridge, 

Sykes, 

Wooden — 30. 


Mullildn, 

Murray, 

Par  ran, 

Purnell, 

Robinette, 

Schlosser, 

Smith,  of  Dor., 

Swope, 

Todd, 

Vvickard — 31. 


So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 


The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Stirling  ; 

Mr.  Wickard  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs.  Plopper,  Parker, 

Goldsborough,  Pt.  Horsey,  Parran, 

Annan,  Jones,  of  Som.,  Ridgely, 

69 


546 


Bond, 

Kennard, 

Russell, 

Briscoe, 

King, 

Schley, 

Chambers, 

Lansdale, 

Smith,  of  Carroll, 

Cunningham, 

Larsh, 

Markey, 

Smith,  of  Wor., 

Daniel, 

Sneary, 

DenL 

McComas, 

Stirling, 

Earle, 

Miller, 

Stockbridge, 

Ecker, 

Mullikin, 

Swope, 

Galloway, 

Murray, 

Sykes, 

Todd, 

Hatch , 

Negley, 

Hebb, 

Hopkins, 

Nyman, 

Negative. 

Wooden — 42 

essrs. 

Carter, 

Mayhugh , 

Abbott, 

Crawford, 

Mitchell, 

Audoun, 

Davis,  of  Charles, 

Purnell, 

Billingsley, 

Edelen, 

Robinette, 

Blackiston, 

Gale, 

Schlosser, 

Brooks, 

Keefer, 

Smith,  of  Dor., 

Brown, 

Lee, 

Wickard— 20. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


Mr.  Miller  submitted  the  following  amendment : 

Sec.  3,  line  seven  and  eight,  strike  out  the  words  “or  any 
State’s  Attorney 

Decided  in  the  negative. 

Mr:  Smith,  of  Carroll,  submitted  the  following  amend¬ 
ment  : 

Sec.  4,  line  three,  after  the  word  “for,”  insert  the  word 
“ten 

Mr.  Schle}^  moved  to  insert  “five 

Mr.  Chambers  moved  to  insert  “'seven 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Smith,  of  Carroll 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  amendment  submitted  by 
by  Mr.  Chambers  ; 

It  was  decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment: 


Sec.  4,  line  four,  insert  after  the  word  “least,”  the  word 
“five;” 

Decided* in  the  affirmative. 

Mr.  Abbott  submitted  the  following  amendment : 

Insert  at  the  end  of  the  section,  the  words  “next  preceding 
his  election;”  1  & 

Decided  in  the  affirmative. 

Mr.  Chambers  submitted  the  following  amendment : 

Sec.  4,  line  three,  after  the  word  “law,”  insert  the  word 
“therein;” 

Decided  in  the  affirmative. 

Mr.  Chambers  moved  to  reconsider  the  vote  by  which  the 
word  “five,”  was  inserted  in  line  four. 

Decided  in  the  affirmative. 

Mr.  Chambers  moved  to  insert  the  word  “seven;” 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Transpose  the  words  “in  the  State,”  in  last  line,  and  in¬ 
sert  the  same  words  after  the  word  “resided,”  in  same  line. 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Sec.  5.  Strike  out  all  after  the  word  “Governor,”  in  the 
third  line  to  the  word  “for,”  in  the  fifth  line; 

Decided  in  the  affirmative. 

Mr.  Miller  submitted  the  following  amendment  : 

Sec.  5.  Strike  out  the  words  “or  of,”  in  the  first  line, 
and  insert  the  words  “occasioned  by  death,  resignation  or,” 
and  strike  out  the  word  “on,”  in  the  second  line. 

Decided  in  the  affirmative. 

Mr.  Hatch  moved  that  the  Convention  do  now  adjourn. 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Hebb  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


548 


Messrs. 

Audoun , 
Billingsley, 
Blackiston, 
Briscoe, 

Brooks, 

Brown, 

Chambers, 

Clarke, 

Davis,  of  Charles 
Dent, 

Edelen, 


Messrs. 

Abbott, 

Annan, 

Cunningham, 

Daniel, 

Earle, 

Eejier, 

Galloway, 

Hebb, 


Affirmative. 

Gale, 

Hatch, 

Horsey, 

Jones,  of  Som. 
Keefer, 
Ivennard, 
Lansdale, 

Lee, 

Mar  key, 

Mitchell, 

Miller, 

Negative. 

Hopkins, 

Hopper, 

King, 

Larslr, 

Mayhugh, 

McComas, 

Negley, 

Purnell, 


Mullikin, 
Murray,  * 

N  vrnan, 

Parker, 

Par  ran, 

Pugh, 

Smith,  of  Dor., 
Smith,  of  Wor., 
Sneary, 

Stirling, 
Wickard — 33. 


Ridgely, 

Robinette, 

Schley, 

Schlosser, 

Smith,  of  Carroll 

Stockbridge, 

Swope, 

Wooden— -24. 


So  the  Convention  adjourned  until  Monday  at  12  o’clock. 


MONDAY,  August  22d,  1864. 

The  Convention  met  at  12  o’clock,  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  Members  present  except  the  following  : 

Messrs.  Goldsborough,  (President,)  Annan,  Baker,  Barron, 
Belt,  Berry,  of  Baltimore  county,  Blackiston,  Bond,  Briscoe, 
Dail,  Davis  of  Charles,  Davis,  of  Washington,  Dellinger, 
Dennis,  Edelen,  Farrow,  Greene,  Hatch,  Henkle,  Hoffman, 
Hopper,  Johnson,  Jones,  of  Cecil,  Kennard,  Lansdale,  Mace, 
Mar  bury,  Mar  key,  McComas,  Mitchell,  Morgan,  Mullikin, 


t 


549 

Negley,  Noble,  Peter,  Eidgely,  Scott,  Smith,  of  Dorchester 
Sykes,  Todd,  Turner,  Wilmer— 42.  ’ 

The  proceedings  of  Friday  were  read  and  approved. 

The  Convention  proceeded  to  the  consideration  of  the 
lepoit  of  the  Committee  on  State’s  Attorneys. 

Mr.  Smith,  of  Carroll,  submitted  the  following  amend- 
ment :  &  uu 

feec;.  1.  Strike  out  from  the  word  “the,”  in  the  thml  lino 
to  the  word  -and,”  in  the  fourth  line,  and  insert  “Tuesday 
next  after  the  first  Monday  in  November,  eighteen  hundred 

Decided  in  the  affirmative. 

ment":  8mith’  °f  Can'ol)’  submitted  the  following  amend- 

Nocc.  1.  Insert  after  the  word  “the,”  in  the  sixth  linn 
the  words  “first  Monday  in  January  ;”  J 

Decided  in  the  affirmative. 

Mr.  Thomas  submitted  the  following  amendment: 

Sec  3.  Insert  after  the  word  “than,”  in  the  seventh  line 
words  “eight  hundred  ;” 

Mi.  Daniel  moved  to  amend  by  inserting  “five  hundred  •” 

submitted  by  Mr. bThLas;th6  °f  the  amendmeut 

Mi.  Daniel  demanded  the  yeas  and  nays  5 
The  demand  being  sustained, 

lhe  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 
Audoun. 


Earle, 

Galloway, 


Lerry,  of  P.  Geo.,  Harwood, 

t> -n  •  -|  7  j 


Billingsley, 
Brooks, 
Carter, 
Chambers, 
Clarke, 
Crawford, 
Cunningham, 
Dent, 


Hodson, 
Hollyday, 
Horsey, 

Jones,  of  Som. 
Keefer, 

King, 

Lee, 


Miller, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Smith,  of  Carroll 
Stirling, 

Swope,  , 
Thomas, 

Wickard — 30. 


t 


* 


550 

Negative. 

Messrs, 

Larsh, 

Purnell, 

Abbott, 

Mayhugh, 

Robinette, 

Brown, 

Murray, 

Smith,  of  Wor., 

Cushing, 

Nyman, 

Sneary, 

Daniel, 

Parker, 

Stockbridge, 

Ecker. 

Par  ran, 

V  alliant, 

Hebb, 

Pugh, 

Wooden — 21. 

Hopkins, 

So  the  question 

upon  its  adoption  ' 

was  decided  in  the 

affirmative. 

Mr.  Stirling  submitted  the  following  amendment : 

Section  3.  Strike  out  all  after  the  word  “the,”  in  the  tenth 
line,  and  insert  the  words  “said  State’s  Attorney,  out  of  the 
fees  of  his  office,  as  has  heretofore  been  practiced  ;” 

Decided  in  the  affirmative. 

Mr.  Daniel  submitted  the  following  amendment : 

Sec.  3,  line  nine,  insert  after  the  word  “than,”  in  the  ninth 
line,  the  words  “fifteen  hundred;” 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Sec.  3.  Strike  out  all  after  the  word  “office,”  in  the  sixth 
line  to  the  word  “and,”  in  the  seventh  line; 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment: 

Sec.  5.  Strike  out  the  words  “until  the  election,”  in  the 
fifth  line,  and  insert  the  words  “until  the  next  election  there¬ 
after  held  for  members  of  the  General  Assembly;” 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Strike  out  all  after  the  word  “occur,”  m  line  five,  to  the 
second  word  “for,”  in  the  seventh  line; 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Transpose  section  6,  to  follow  section  5,  under  head  of  At¬ 
torney  General; 

Decided  in  the  affirmative. 


551 


Mr.  Galloway  submitted  the  following  amendment : 

Sec.  1  line  one,  strike  out  the  word  “people,”  and  insert 
the  words  “qualified  voters;”  1 

Decided  in  the  affirmative. 

JL:;±d0U?  m0V<f  t0  reour  baok  t0  the  third  section  for 
the  purpose  of  amendment; 

Decided  in  the  negative. 

reading11  WaS  th<3n  °rdered  to  be  e“grossed  for  a  third 
&  * 

On  motion  of  Mr.  Wickard, 

1  he  Convention  preceded  to  the  consideration  of  the  re  nor  l 
of  the  Committee  on  Usury  Laws.  P 

Mr.  Daniel  submitted  the  following  amendment  : 

word^ “seven;”®  ^  “  th®  line’  and  insert 

Pending  the  consideration  of  which. 

On  motion  of  Mr.  Audoun, 
fhe  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

BeLeT'  Goldsbo™.uSh>  (President,)  Annon,  Baker,  Barron, 
Belt  Berry  of  Baltimore  county,  Berry,  of  Prince  Georo-e’s 

here  Daif  nm- ’  B™?oe’ Bro°ks.  Brown,  Carter,  Cham¬ 
ber,  Dipl,  Davis,  of  Charles,  Davis,  of  Washington  Del- 

hnger,  Dennis,  Duvall,  Edelen,  Farrow,  Greene,  Harwood 

Hatch  Henkle,  Hudson,  Hoffman,  Hopkins,  Hopper,  John- 

son,  Jones,  of  Cecil,  Kennard,  Lansdale,  Larsh,  Mace  Mar- 

bui}  ,  Markey,  Mitchell,  Morgan,  Mullikin,  Negley  Noble 

Todd’  Tmner8TV°hDWCVStTMfneary’  Sykes’  Thomas,’ 
J-oaa;  lurner,  Valliant,  Wickard,  Wilmer _ 51. 


552 


There  being  no  quorum  present, 

Mr.  Audoun  moved  that  the  Convention  adjourn. 

Mr.  Swope  demanded  the  yeas  and  nays  , 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Audoun, 

Crawford, 

Dent, 

Galloway, 

Harwood, 

Hollyday, 


Messrs. 

Abbott, 

Billingsley, 

Cunningham 

Cushing, 

Daniel, 

Earle, 

Ecker, 


Affirmative. 

Horsey, 

Jones,  of  Som. 
Keefer, 

King, 

Lee, 

Murrav, 

Nyman, 

Negative. 

Gale, 

Hebb, 

Mayhugh, 

McComas, 

Miller, 

Parker, 

Pugh, 

Purnell, 


Parran, 

Ridgely, 

Russell, 

Sands, 

Schlosser, 

Smith,  of  Wor., 
—19. 


Robinette, 

Schley, 

Smith,  of  Carroll, 
Stirling, 
Stockbridge, 
Swope, 

Wooden — 22. 


So  the  Convention  refused  to  adjourn. 

On  motion  of  Mr.  Sands, 

The  Convention  adjourned. 


\ 


TUESDAY,  August  23d,  1804. 

* 

The  Convention  met  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following : 

Messrs.  Goldsborough,  (President,)  Annan,  Baker,  Barron, 
Belt,  Berry,  of  Baltimore  county,  Briscoe,  Brooks,  Brown, 


553 


Chambers,  Dail,  Davis,  of  Charles,  Davis,  of  Washington, 
Farrow,  Gale,  Greene,  Henlde,  Hoffman,  Lansdale,  Mace, 
Mar  bury,  Markey,  Miller,  Noble,  Scott,  Stockbridge,  Todd 
—27. 

The  proceedings  of  yesterday  were  read  and  approved. 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  Committee  on  Interest  and  the  Usury  Laws  * 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Daniel,  to  wit : 

Strike  out  the  word  “six,”  in  the  first  line,  and  insert  the 
word  “seven 

After  debate  thereon, 

Tne  hour  having  arrived  for  taking  up  the  Order  of  the 

Day,  being  the  report  of  the  Committee  on  the  Judiciary 
Department, 

On  motion  of  Mr.  Stirling*. 

O  J 

.  r-^ie  Order  of  the  Day  was  postponed  until  after  the  con¬ 
sideration  of  the  matter  pending. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Daniel  , 

Mr.  Thomas  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

ine  yeas  ana  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Abbott, 

Cushing, 

Daniel, 

Gale, 

Hatch, 

Hopper, 

Parker, 

Ridgely — 8. 

Negative. 

Messrs. 

Audoun, 

Berry,  of  P.  Geo., 

Billingsley, 

Blackiston, 

Bond,  . 

Briscoe, 

Carter, 

Chambers, 

Clarke, 

Crawford, 

Hopkins, 

Horsey, 

Johnson, 

Jones,  of  Cecil, 
Jones,  of  Som. 
Keefer, 

Kennard, 

King, 

Larsh, 

Lee, 

Mayhugh, 

Pugh, 

Purnell, 

Robinette, 

Russell, 

Sands, 

Schley, 

Sehlosser, 

Smith  of  Car. 
Smith,  of  Dor., 
Smith,  of  Wor., 
Sneary, 

70 


Cunningham, 

554 

McComas, 

Stirling, 

Dellinger, 

Mitchell, 

Swope, 

Dennis, 

Miller, 

Sykes, 

Thomas, 

Dent, 

Morgan, 

Duvall, 

Mullikin, 

Thruston, 

Earle, 

Murray, 

Turner, 

Ecker, 

Negley, 

Yalliant, 

Edelen, 

Hyman, 

Wickard, 

Galloway, 

Parran, 

Wilmer,  ► 

Hebb, 

Peter, 

Wooden — 63. 

Hollyday, 

So  the  question 

upon  its  adoption 

was  decided  in  the 

negative. 

Mr.  Chambers  submitted  the  following  amendment: 


Strike  out  all  after  the  words  “per  annum/’  in  the  second 
line,  and  insert  “and  no  higher  rate  shall  be  taken  or  de¬ 
manded;  provided,  it  shall  be  lawful  for  parties  loaning 
money  on  bond,  mortgage,  judgment  or  other  security,  to  con¬ 
tract  for  the  payment  of  taxes  and  dues  to  the  United  States, 
the  State  or  county,  and  all  other  public  dues,  by  the  bor¬ 
rower,  so  as  to  retain  to  the  lender  the  clear  amount  of  the 
legal  interest;” 


On  motion  of  Mr.  Thruston, 


The  question  was  divided. 

The  question  being  on  the  adoption  of  the  first  clause  of 
amendment, 

Mr.  Thomas  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows : 


Messrs. 

Abbott, 

Audoun, 

Berry,  of  P.  Geo. 
Blackiston, 

Bond, 

Briscoe, 

Carter, 

Chambers, 

Clarke, 

Crawford, 


Affirmative. 

Hebb, 

Hollyday, 

Horsey, 

J  ohnson , 

Jones,  of  Cecil, 
Jones,  of  Som., 
Keefer, 
Kennard, 

King, 

Lee, 

Mayhugh, 


Pugh, 

Purnell, 

Ridgely, 

Kobinette, 

Bussell, 

Sancfs-, 

Schley, 

Schlosser, 

Smith,  of  Carroll, 
Smith,  of  Lor., 
Smith,  of  Wor., 


555 


Cunningham, 

McComas, 

Stirling, 

Dellinger, 

Mitchell, 

Swope, 

Sykes, 

Dennis, 

Miller, 

Dent, 

Morgan, 

Thomas, 

Duvall, 

Mullikin, 

Thruston, 

Earle, 

Murray, 

Turner, 

Ecker , 

Nyman, 

Wickard, 

Edelen, 

Par  ran, 

Wilmer, 

Gale, 

Galloway, 

Peter, 

Negative. 

Wooden — 59, 

Messrs. 

Hatch, 

Parker, 

Billingsley, 

Hopper, 

Sneary, 

Cushing, 

Larsh, 

Valliant — -10. 

Daniel, 

Negley, 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in 

The  question  recurring  upon  the  adoption  of  the  second 
clause  of  the  amendment, 

Mr.  Wickard  demanded  the  yeas  and  nays, 

The  demand  lieing  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Berry,  of  P.  G., 
Billingsley, 
Blackiston, 
Bond, 

Chambers, 

Clarke, 

Duvall, 

Earle, 

Edelen, 


Messrs.  • 
Abbott, 
Briscoe, 
Carter, 
Crawford, 
Cunningham, 
Cushing, 
Daniel, 


Affirmative. 

Gale, 

Galloway, 

Hebb, 

Holly  day, 
Hopper, 

Jones,  of  Cecil 
Kennard, 
King, 
McComas, 

Negative. 

Johnson, 

Jones,  ofSom., 
Keefer, 

Larsh , 

Lee, 

Mayhugh, 

Morgan, 

Mullikin, 


Mitchell, 

Miller, 

Peter, 

Pugh, 

Sneary, 

Stirling, 

Thruston, 

Valliant, 

Wilmer — 27. 


Robinette, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Smith,  of  Carroll 
Smith  of  Dor., 
Smith,  of  Wor., 


556 


Dellinger, | 

Murray, 

Swope, 

Sykes, 

Dennis, 

Negley, 

Dent, 

LTvman, 

Thomas, 

Ecker, 

Parker, 

Turner, 

Hatch , 

Par  fan, 

Wickard, 

Hopkins, 

Horsey, 

Purnell, 

Ridgely, 

Wooden — 43. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Schlev  submitted  the  following  amendment  : 

Amend  by  adding  the  words  :  “except  in  cases  where  a 
different  rate,  not  exceeding  seven  and  three-tenths  per  cen¬ 
tum  per  annum,  may  he  agreed  upon  or  contracted  for  in 
writing  ;” 

Decided  in  the  negative. 

Mr.  Ridgely  submitted  the  following  amendment : 

Add  at  the  end  of  the  section  as  follows  :  “and  the  Legis¬ 
lature  shall  provide  hy  law  all  necessary  forfeitures  and  pen¬ 
alties  against  usury  ;” 

Decided,  in  the  affirmative. 

Mr.  Clarke  submitted  the  following  amendment : 

Strike  out  the  word  “he,”  in  line  one  and  insert  “not  ex¬ 
ceed  ;” 

Decided  in  the  affirmative. 

Mr.  Miller  submitted  the  following  amendment : 

Strike  out  the  word  “legal,”  in  first  line  ; 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Strikeout  the  word  “Legislature,”  and  insert  the  words 
“General  Assembly;” 

Decided  in  the  affirmative. 

Mr.  Thruston  submitted  the  following  amendment : 

Strike  out  all  after  the  word  “The,”  in  the  first  line,  and 
insert,  “legal  rate  of  interest  in  this  State  shall  be  six  per 
centum  per  annum,  except  in  cases  where  a  different  rate  may 
be  agreed  upon  in  writing  between  contracting  parties,  not 
exceeding,  however,  seven  and  three-tenths  per  cent,  interest 


557 


in  any  case  ;  and  the  General  Assembly  shall  pass  all  laws 
necessary  to  carry  this  section  into  effect.” 

On  motion  of  Mr.  Cushing, 

The  subject  was  divided. 

The  question  being  on  the  adoption  of  the  first  branch  of 
the  amendment, 

It  was  decided  in  the  negative. 

The  question  recurring  upon  the  second  branch  of  the 
amendment,  ° 

It  was  decided  in  the  negative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading.  °  111  u 

ivlr.  Stirling  moved  to  reconsider  the  vote  bv  which  the  re¬ 
solution  was  adopted  adjourning  the  Convention  on  the  31st 

lllStclIlt. 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Stirling, 

The  said  order  was  postponed  informally. 

Messrs.  Stockhridge,  Clarke,  Earle,  and  Jones,  of  Somerset 
were  granted  leave  of  absence  for  a  few  days.  Messrs  Sands 

tending  the  evening  session. 

On  motion  of  Mr.  Purnell, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs  Goldsborough,  (President,)  Baker,  Barron  Belt 
y>  ot  Baltlmore  county,  Berry,  of  Prince  George’s,  Brooks’ 


558 


Clarke,  Crawford,  Dail,  Davis,  of  Charles,  Davis,  of  Wash¬ 
ington,  Dennis,  Farrow,  Greene,  Harwood,  Hatch,  Iienkle, 
Hoffman,  Hopkins,  Johnson,  Jones,  of  Cecil,  Jones,  of  Som¬ 
erset,  Lansdale,  Larsh,  Mace,  Marbury,  Markey,  Noble, 
Peter,  Schlosser,  Scott,  Smith,  of  Dorchester,  Sneary,  Stock- 
bridge,  Todd,  Valliant,  Wilmer — 38. 

Mr.  Audoun  submitted  the  following  order  : 

Ordered,  That  the  report  of  the  Committee  on  the  Judi¬ 
ciary  Department,  with  all  the  amendments  proposed  thereto, 
be  recommitted  to  the  Committee,  with  instructions  to  report 
the  Judiciary  system  as  embraced  in  the  existing  Constitu¬ 
tion,  except  so  far  as  the  same  has  been  modified  by  the  adop¬ 
tion  of  the  article  in  the  Court  of  Appeals,  and  excepting  also 
to  report  nine  Judicial  Circuits  instead  of  eight  (erectin 
Baltimore  county  in  a  separate  circuit,)  and  also,  reporting 
provision  giving  the  General  Assembly  the  power  to  create 
additional  circuits  from  time  to  time  when  required. 

Mr.  Sands  submitted  the  following  amendment : 

Amend  by  striking  out  the  word  “nine,”  and  insert  “such 
namber  of  Judicial  Circuits  as  the  Committee  may  deem  ne¬ 
cessary,  to  meet  the  public  necessities;” 

The  question  being  upon  the  adoption  of  the  amend¬ 
ment, 

Mr.  Stirling  demanded  the-yeas  and  nays, 

The  demand  b^ing  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Gale, 

Parker, 

Abbott, 

Galloway, 

Parra  n, 

Billingsley, 

Hebb, 

Pugh, 

Blaekiston, 

Hodson, 

Robinette, 

Briscoe, 

Hollyday, 

Russell, 

Brown, 

Horsey, 

Sands, 

Chambers, 

Lee, 

Smith,  of  Carroll, 

Cunningham, 

McComas, 

Swope, 

Daniel, 

Mitchell, 

Sykes, 

Thomas, 

Dellinger, 

Miller, 

Dent, 

Morgan, 

Thruston, 

Earle, 

Negley, 

Turner, 

Ecker, 

Edelen, 

Nyman, 

Wooden — 39. 

P  aq 


559 


Messrs. 

Annan, 

Audoun, 

Bond, 

Carter, 

Cushing, 

Hopper, 

So  the  question 
affirmative. 


Negative. 

Keefer, 

Kennard, 

King, 

May  h  ugh, 

Mullikin, 

Murray, 

upon  its  adoption 


Purnell, 

Ridge!  y, 

Schley, 

Smith,  of  Wor., 
Stirling, 

Wickard — 18. 

was  decided  in  the 


Mi .  Stirling  submitted  the  following  amendment : 
twelve-” after  th<3  W°rd  <<Circuits’”  the  words  “not  exceeding 
Decided  in  the  affirmative. 

Mi.  Stirling  submitted  the  following  amendment: 

.  Amend  the  order  by  adding  “and  that  the  Committee  he 
instructed  to  report  by  Thursday  next,  at  12  o’clock 

Jm  sSe“  ,i“  *dop‘ion « ,i“  “O'””1 

It  was  determined  in  the  affirmative, 
as  amended!*011  reCUrrinS  uPon  the  ^option  of  the  order 


Mr.  Daniel  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Audoun, 

Cunningham, 

Cushing, 

Earle, 

Ecker, 

Hebb, 

Keefer, 

Kennard, 

King, 

Negley, 

Nyman, 

Parker, 

Pugh, 

Ridgelv, 

Robinette, 

Stirling, 

Thomas, 

Thruston, 

Wickard, 

Wooden — 20. 

Negative. 

Messrs. 

Abbott, 

Edelen, 

Dale, 

Mullikin, 

Murray, 

* 


560 


Annan, 

Billingsley, 

Galloway, 

Parran, 

Purnell, 

Hodson, 

Blackiston, 

Holly  day, 

Russell, 

Bond, 

Hopper, 

Sands, 

Briscoe, 

Horsey, 

Schley, 

Brown, 

Lee, 

Smith,  of  Carroll, 

Carter, 

Mayhugh, 

Smith,  of  Wor. 

Chambers, 

McComas, 

Swope, 

Daniel, 

Mitchell, 

Sykes, 

Turner — 37. 

Dellinger, 

Dent, 

Miller, 

Morgan, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Ridgely  submitted  the  following  order  : 

Ordered,  that  the  report  of  the  Committee  on  the  Judiciary 
Department,  with  the  amendments  thereto,  he  referred  to  as 
select  Committee  of  five,  with  instructions  to  report  a  Judi¬ 
ciary  system  as  embraced  in  the  present  Constitution,  except 
that  portion  of  the  report  relating  to  the  Court  of  Appeals, 
and  with  further  instructions  to  report  such  re-arrangement 
of  the  Judicial  Circuits  as  they  may  deem  necessary,  not  to 
exceed  twelve,  and  that  said  Committee  report  to-morrow  at 
one  o’clock  ; 

Mr.  Mayhugh  moved  to  lay  the  order  on  the  table  ; 

The  question  being  on  the  adoption  of  the  motion  : 

Mr.  Ridgely  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called.,  and  appeared  as  follows  : 


Messrs. 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Cunningham, 

Daniel, 

Dellinger, 

Dent, 

Edelen, 


Affirmative. 

Gale, 

Hodson, 

Holly  day, 

Hopper, 

Horsey, 

Lee, 

Mayhugh, 

Mitchell, 

Miller, 

Morgan, 

Murray, 

Parran, 


Pugh, 

Purnell, 

Russell, 

Sands, 

Schley, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Swope, 

Sykes, 

Thruston, 

Turner — 34. 


» 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Carter, 

Cushing, 

Earle, 

Ecker, 


561 

Negative. 

Galloway, 

Hebb, 

Keefer, 

Kennard, 

Kin 

McComas, 

Mullikin, 

Negley, 


Nyman, 

Parker, 

Ridgely, 

Robinette, 

Stirling, 

Thomas, 

Wickard, 

Wooden — 23. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mi.  Chambeis  moved  that  tne  Convention  do  now  adjourn. 
The  question  being  on  the  adoption  of  the  motion, 

Mr.  Stirling  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

I  he  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Billingsley, 

Blackiston, 

Brown, 

Chambers, 

Cunningham, 

Dellinger, 

Dent, 

Edelen, 

Gale, 

Holly  day, 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Carter, 

Cushing, 

Daniel, 

Earle, 


Hopper, 

Horsev, 

Kennard, 

King, 

Lee, 

Mayhugh, 

Mitchell, 

Miller, 

Morgan, 

Mullikin, 

Murray, 

Negative. 

Ecker, 

Galloway, 

Hebb, 

Keefer, 

McComas, 

Negley, 

Nyman, 

Pu°’h 

J-  UQU, 


Parker, 

Parran, 

Russell, 

Sands, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Swope, 

Sykes, 

Thruston, 

Turner — 31. 


Purnell, 

Ridgely, 

Robinette, 

Schley, 

Stirling, 

Thomas, 

Wickard, 

Wooden — 23. 


So  the  Convention  adjourned. 
71 


562 


WEDNESDAY,  August  24th,  1864. 


The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Barron,  Berry.,  of  Baltimore  county,  Berry, 
of  Prince  George’s,  Brooks,  Chambers,  Clarke,  Crawford, 
Dail,  Davis,  of  Charles,  Davis,  of  Washington,  Dennis, 
Earle,  Greene,  Harwood,  Henkle,  Jones,  of  Somerset,  King, 
Lansdale,  Mace,  Marbury,  Markey,  Noble,  Peter,  Sands, 
Schlosser,  Scott,  Smith,  of  Dorchester,  Todd,  Wilmer — 31. 

The  proceedings  of  yesterday  were  road  and  approved. 

Mr.  Purnell  moved  to  re-oonsider  the  vote  by  which  an 
order  was  passed  on  the  7th  of  July,  limiting  debate  to  thir¬ 
ty  minutes  ; 

Decided  in  the  affirmative. 


Mr.  Purnell  moved  to  amend  said  order  by  striking  out  all 
after  the  word  “that,”  in  the  first  line,  and  inserting  the 
words  “the  time  allowed  each  member  for  debate  on  any 
question  before  the  Convention  be  limited  to  five  minutes, 
that  no  extension  of  time  be  granted  except  by  a  unanimous 
vote  of  the  members  present 

Mr.  Dent  moved  to  amend  by  inserting  “twenty  min¬ 
utes 

Mr.  Daniels  moved  to  amend  by  striking  out  the  words 
“unanimous  vote,”  and  inserting  the  words  “two-thirds 

Mr.  Mulliken  called  the  previous  question, 

The  question  being, 


“Shall  the  main  question  be  now  put?” 

Mr.  Chambers  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 

Messrs.  Hebb, 

Goldsborough,P’t  Hopkins, 
Abbott,  Hopper, 

Annan,  Jones,  of  Cecil, 


Parker, 

Pugh, 

Purnell, 

Robinette, 


563 


Audoim, 

Carter, 

Cunningham, 

Cushing, 

Dellinger, 

Farrow, 

Galloway, 

Hatch, 


Messrs. 

Belt, 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Daniel, 

Dent, 

Ecker, 


Keefer, 

Kennard, 

May  h  ugh, 

McComas, 

Mullikin, 

Murray, 

Negley, 

Nyman, 

Negative. 

Edelen, 

Gale, 

Hodson, 

Hoffman, 

Hollyday, 

Horsey, 

Johnson, 

Larsh, 

Lee, 

Mitchell, 

Miller, 


Russell, 

Schley, 

Smith,  of  Wor., 
Sneary, 

Stirling, 
Thruston, 
Wooden — 34. 


Morgan, 

Parran, 

Ridgely, 

Smith,  of  Carroll, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Turner, 

Valliant, 

Wickard — 32. 


So  the  call  for  the  previous  question  was  sustained  ; 

The  question  then  being  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Dent ; 

Mr.  Dent  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Goldsborough, 

Audoun, 

Belt, 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Carter, 

Chambers, 

Daniel, 

Dellinger, 

Dent, 


Duvall, 

’t  Ecker, 
Edelen, 
Gale, 
Hodson, 
Hoffman, 
Hollyday, 
Hopkins, 
Horsey, 
Johnson, 
Larsh, 
Lee, 

Mayhugh, 

Mitchell, 


Miller, 

Morgan, 

Negley, 

Parker, 

Parran, 

'Ridgely, 

•  Smith,  of  Carroll, 
Sneary, 

Swope, 

Sykes, 

Thomas, 

Turner, 

Yalliant — 40. 


564 


Negative. 


Messrs. 

Abbott, 

Annan, 

Cunningham, 

Cushing, 

Farrow, 

Galloway, 

Hatch, 

Hebb, 

Hopper, 


Jones,  of  Cecil 

Keefer, 

Kennard, 

McComas, ' 

Mullikin, 

Murray, 

Nyman, 

Pugh, 

Purnell, 


Robinette, 

Russell, 

Schley, 

Smith,  of  Wor. 

Stirling, 

Stockbridge, 

Thruston, 

Wickard, 

Wooden — 27. 


So  the  question  upon  its  adoption  was  decided  in  the  affir¬ 
mative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Daniels  ; 


Mr.  Daniels  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


essrs. 

Cunningham, 

Larsh, 

Goldsborough ,  P 7 1 

Daniel, 

Lee, 

Abbott, 

Dellinger, 

Mayhugh, 

Annan, 

Dent, 

Duvall,  * 

Mitchell, 

Audoun, 

Miller, 

Belt, 

Edelen, 

Morgan, 

Billingsley, 

Gale, 

Negley, 

Blackiston, 

Hodson, 

Par  ran, 

Bond, 

Hoffman, 

Ridgely, 

Briscoe, 

Brown, 

Hoilyday, 

Sneary, 

Plorsey, 

Thomas, 

Chambers, 

Johnson, 

Negative. 

Turner — 35. 

essrs. 

Keefer, 

Schley, 

Carter, 

Cushing, 

Kennard, 

Smith,  of  Carroll, 

McComas, 

Smith,  of  Wor., 

Ecker, 

Mullikin, 

Stirling, 

Farrow, 

Murray, 

Nyman, 

Stockbridge, 

Galloway, 

Swope, 

Hatch, 

Parker, 

Sykes, 

Plebb, 

Pugh, 

Thruston, 

Plopkins, 

Purnell, 

Valliant, 

Hopper, 

Robinette, 

Wickard, 

Jones,  of  Cecil, 

Russell, 

Wooden — 32. 

565 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  order  as  amended  was  then  adopted. 

Mr  Hopkms  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment  to  the  report  of  the  Com¬ 
mittee  on  the  Legislative  Department: 

,  ,  1 110  ^Qgisffiture  shall  foster  and  encourage  moral,  intel¬ 

lectual,  scientific  and  agricultural  improvement;  they  shall 
wnen  it  may  be  practicable,  make  suitable  provision  for  the 
blind,  mute  and  insane,  and  for  the  organization  of  such  in- 

dmnancK,0f  le&Tmug  as  fche  best  Crests  of  the  State  may 

•  Audoun  submitted  the  following  order  : 

Ordered,  That  the  President  appoint  an  assistant  Secretary 
to  serve  during  the  absence  of  Mr.  Shaw,  and  that  the  Secre¬ 
tary  be  allowed  extra  per  diem  for  such  time,  as  he  has  been 
acting  as  assistant  Secretary. 

Which  was  adopted. 

Mi.  Wickard  submitted  the  following  order* 

Ordered  That,  the  Assistant  Secretary  be  allowed  extra 
th J Secretary  me  ^  h°  a°ted  aS  Seoretar3b  in  the  absence  of 

Which  was  adopted. 

f  j-  he^0Uve}^10Q  proceeded  to  the  consideration  of  the  report 
or  the  Committee  on  the  Judiciary  Department. 

.  Mr.  Stirling  moved  to  take  up  fche  sections  which  had  been 
informally  passed  over; 

Decided  inthe  affirmative. 

Mi.  Abbott  submitted  the  following  amendment: 

Sec  3.  Strike  out  the  words  “shall  be  appointed,”  and  in¬ 
sert  the  words  “when  elected  shall  he;” 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Sec.  3.  Strike  out  all  after  the  word  “Judges,”  in  the  first 
line,  to  the  word  “each,”  in  the  third  line,  and  insert: 

“Of  the  Court  of  Appeals  shall  be  elected  by  the  qualified 
voters  of  the  State,  and  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  designate  the  Chief  Justice; 


✓ 


566 


and  the  Judge  of  the  Judicial  Circuits  shall  be  elected  by  the 
qualified  voters  of  their  respective  circuits;” 

On  motion  of  Mr.  Billingsley, 

The  subject  was  divided  ; 

The  question  being  on  the  adoption  of  the  first  clause  of 
the  amendment,  to  wit  : 

“Of  the  Court  of  Appeals  shall  be  elected  by  the  qualified 
voters  of  the  State;” 

Mr.  Chambers  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hopper, 

Jones,  of  Cecil, 

Robinette, 

Abbott, 

Russell, 

Schley, 

Annan,  . 

Keefer, 

Audoun, 

Larsh, 

Smith,  of  Carroll, 

Cunningham, 

Mavhugh, 

Sneary, 

Cushing, 

McComas, 

Stirling, 

Daniel, 

Mullikin, 

Swope, 

Dellinger, 

Murray, 

Sykes,  . 

Ecker, 

Negley, 

Thomas, 

Farrow, 

Galloway, 

Hyman, 

Thruston, 

Parker, 

Yalliaut, 

Wickard, 

Wooden — 40. 

Hebb, 

Pugh, 

Hoffman, 

Hopkins, 

Purnell, 

Ridgely, 

Negative. 

Messrs. 

Chambers, 

Johnson, 

Goldsborough,  P’t 

Dent, 

Lee, 

Mitchell, 

Belt, 

Duvall, 

Berry,  of  P.  Geo. 

Edelen, 

Miller, 

Billingsley, 

Gale, 

Morgan, 

Blackiston, 

Hodson, 

Holly  day, 

Parian, 

Bond, 

Stockbridge, 

Briscoe, 

Brown, 

Horsey, 

Turner — 24. 

So  the  question 

upon  its  adoption 

was  decided  in  the 

affirmative. 

The  question  next  being  on  the  adoption  of  the  second 
clause  of  the  amendment,  to  wit: 


567 


“And  the  Governor  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  designate  the  Chief  Justice;” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoptionof  the  third  branch 

of  the  amendment,  to  wit:  1 

hf  fpP  tll1®  Jncl"e  oi  the  Judicial  Circuits  shall  be  elected 
by  the  qualified  voters  of  their  respective  Circuits;” 

It  was  decided  in  the  affirmative. 

Mi.  Hebb  submitted  the  following  amendment : 

Sec.  3.  Strike  out  all  after  the  word  “each,”  in  the  third  line 
and  insert  the  words  “each  Judge  of  the  Court  of  Anneals 
and  o.  each  Judicial  Circuit  shall  hold  his  office  for  the  term 

have  attffinedr tf1  16  ^  °f  hlS  election’  °r  until  he  shall 
have  attained  the  age  of  seventy  years,  which  ever  may  first 

nappen  and  be  re-eligible  thereto  until  he  shall  have  attained* 

the  age  of  seventy  years  and  not  after;”  • 

amendmen™13618  S’$toitted  the  Allowing  amendment  to  the 

j! 

“Strike  out  the  Words  “for  the  term  of  ten  years,  from  the 
time  of  his  election,  or  until  he  shall  have  attained  the  L  of 

wood's  “duri'n’p-WhlCUVflr  Sl?a11  fil’St  ^PPen,”  and  inserf  the 
of  sixty-five  yfjg"  V10r’  "  he  Sha11  attain  theaSe 

thif  amendment,  bGmS  °n  the  adoPtion  of  tho  amendment  to 

nay^r’  Berry’  °f  Prince  George’s,  demanded  the  yeas  and 
The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Messrs. 

Berry,  of  P.  Gr., 

Blackiston, 

Bond, 

Brown, 

Chambers, 

Cushing, 

Dent, 


Affirmative. 

Farrow, 

Idollyday, 

Hopkins, 

Horsey, 

Miller, 

Hyman, 

Parker, 


Pugh, 

Russell, 

Stirling, 

Stockbridge, 

Sykes, 

Thruston, 

Valliant — 21. 


% 


568 


Messrs. 

Negative. 

'  Hatch, 

Murray, 

Goldsborough,  P’t 

Hebb, 

Negley, 

Abbott, 

Hoffman, 

Parran, 

Purnell, 

Annan, 

Aucloun, 

Hopper, 

Johnson, 

Ridgely, 

Billingsley, 

Jones,  of  Cecil, 

Robinette, 

Briscoe, 

Keefer, 

Schley, 

Cunningham, 

Kennard, 

Smith,  of  Carroll 

Daniel, 

Larsh, 

Smith,  of  Wor., 

Dellinger, 

Lee, 

Sneary, 

Duvall, 

Mayhugh, 

Swope, 

Ecker, 

Me  Co  mas, 

Thomas, 

Edelen, 

Mitchell, 

Turner, 

Gale, 

Morgan, 

Mullikin, 

Wickard, 

Galloway, 

Wooden — 44. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 


Mr.  Berry,  of  Prince  George’s,  submitted  the  following 
amendment  to  the  amendment: 

Strike  out  the  word  “ten,”  and  insert  the  word  “twenty;” 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Goldsborough,  Pt. 
Abbott, 

Berry,  of  P.  G. 
Blackiston, 

Bond, 

Chambers, 

Cushing, 

Daniel, 

v 


Dent, 

Ecker, 

Farrow, 

Hodson, 

Holly  day, 

Hopkins, 

Horsey, 

Jones,  of  Cecil, 
Nvman, 

Negative. 


Messrs. 

Annan, 

Billingsley, 


Hopper, 

Johnson, 

Keefer, 


Parker, 

Pugh, 

Bussell, 

Stirling, 

Stockbridge, 

Sykes, 

Thruston, 

Yalliant — 25. 


Parran, 

Purnell, 

Ridgely, 


569 


Briscoe, 

Brown, 

Cunningham, 

Dellinger, 

Duvall, 

Edelen, 

Gale, 

Galloway, 

Hatch, 

Hebb, 

Hoffman, 

So  the  question 
negative. 


Kennard, 

Larsh, 

Lee, 

Mayhugh, 

McComas, 

Mitchell, 

Miller, 

Morgan, 

Mullikin, 

Murray, 

Negley, 

upon  its  adopti 


Bobinette, 

Schley, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Swope, 

Thomas, 

Turner, 

Wickard, 

Wooden — 40. 

was  decided  in  the 


Mr  Thruston  submitted  the  following  amendment  to  the 
amendment : 


Strike  out  the  word  “ten,”  and  insert  the  word  “six;” 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 

Mr.  Chambers  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Annan, 

Carter, 

Cushing, 

Messrs. 

Goldsborough,  P’t 
Abbott, 

Berry,  of  P.  Geo., 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Cunningham, 

Daniel, 

Dellinger, 

Dent, 

Duvall, 

72 


Affirmative. 

Hodson, 

Keefer, 

Miller, 

Bobinette, 

Negative. 

Hatch, 

Hebb, 

Hoffman, 

Hollyday, 

Hopkins, 

Hopper, 

Horsey, 

Johnson, 

Jones,  of  Cecil, 
Kennard, 

Larsh, 

Lee, 

Mayhugh, 

McComas, 

Mitchell, 


Stirling, 

xhruston, 

Turner, 

Wickard — 11. 

Negley, 

Nyman, 

Parker, 

Parran, 

Pusrh 

Purnell, 

Ridgely, 

Bussell, 

Schley, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 
Stockbridge, 
Swope, 

Sykes, 


570 


Edelen,  Morgan,  Thomas, 

Farrow,  Mullikin,  Valliant, 

Gale,  Murray,  Wooden — 53. 

Galloway, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

’  Mr.  Negley  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  all  after  the  word  “of,”  and  insert  the  words 
“fifteen  years,  and  be  ineligible  to  re-election.” 

On  motion  of  Mr.  Thruston, 

The  subject  was  divided. 

4 

The  question  being  on  the  adoption  of  the  first  clause  of 
the  amendment,  to  wit:  “fifteen  years,” 

Mr.  Negley  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

* 

Affirmative. 


Messrs. 

Hoffman, 

Pugh, 

Goldsborough ,  P  ’  t 

Hollyday, 

Purnell, 

Abbott, 

Hopkins, 

Ridgely, 

Belt, 

Hopper, 

Horsey, 

Bussell, 

Blackiston, 

Smith,  of  Carroll, 

Bond, 

Johnson, 

Smith,  of  Wor. 

Brown, 

Jones,  of  Cecil, 

Sneary, 

Carter, 

Larsh, 

Stirling, 

Chambers, 

Miller, 

Stockbridge, 

Daniel, 

Murray, 

Sykes, 

Dellinger, 

Negley, 

Thruston, 

Farrow, 

Parker, 

Negative. 

Valliant — 35. 

Messrs. 

Galloway, 

Morgan, 

Annan, 

Hatch , 

Mullikin, 

Audoun, 

Hebb, 

Nyman, 

Billingsley, 

Hodson, 

Parran, 

Bobinette, 

Briscoe, 

Keefer, 

Cunningham, 

Kennard, 

Swope, 

Dent, 

Lee, 

Thomas, 

Duvall, 

Mayhugh, 

Turner, 

Ecker, 

McComas, 

Wickard, 

Edelen, 

Gale, 

Mitchell, 

Wooden — 30. 

571 


So  the  question  upon  its  adoption  was  decided  in  the  af- 
firmative. 

The  question  recurring  upon  the  adoption  of  the  second 
clause  of  the  amendment,  to  wit :  “and  be  ineligible  to  re- 
election,” 

Mr.  Thomas  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Abbott, 

Audoun, 

Billingsley, 

Briscoe, 

Brown, 

Chambers, 

Daniel, 

Ecker, 

Gale, 


Messrs. 

Goldsborough,  P’t 
Annan, 

Belt, 

Berry,  of  P.  Geo., 
Blackiston, 

Bond, 

Carter, 

Cunningham, 

Dent, 

Duvall, 

Farrow, 

Hebb, 


Affirmative. 

Galloway, 
Hatch , 

Hodson, 

Holiyday, 

Hopper, 

Johnson, 

Jones,  of  Cecil. 
Mayhugh, 
McComas, 
Miller, 

Negative. 

Hoffman, 

Hopkins, 

Horsey, 

Keefer, 

Kennard, 

Larsh, 

Lee, 

Mitchell, 

Morgan, 

Mullikin, 

Nyman, 

Parker, 

Par  ran, 


Murray, 

Negley, 

Pugh, 

Purnell, 

Bussell, 

Sneary, 

Turner, 

Valliant, 

Wickard — 27. 


Ridgely, 

Bobinette, 

Schley, 

Smith,  of  Carroll 
Smith,  of  Wor., 
Stirling, 
Stockbridge, 
Swope, 

Sykes, 

Thomas, 

Thruston, 

Wooden — 37. 

was  decided  in  the 


So  the  question  upon  its  adoption 
negative. 


Mr.  Thomas  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  the  words  “or  until  he  shall  have  attained  the 
age  of  seventy  years,  whichever  may  first  happen 

Decided  in  the  negative. 


572 

The  question  then  recurring  upon  the  adoption  of  the  order 
submitted  by  Mr.  Hebb,  as  amended, 

It  was  decided  in  the  affirmative. 

The  seventh  section  was  then  taken  up. 

* 

Mr.  Stirling  submitted  the  following  amendment: 

Strike  out  the  seventh  section  of  the  report ; 

Decided  in  the  affirmative. 

The  ninth  section  was  then  taken  up. 

On  motion  of  Mr.  Negley, 

The  consideration  of  the  section  was  again  informally  pass¬ 
ed  over. 

The  twelfth  section  was  then  taken  up. 

Mr.  Berry,  of  Prince  George’s  moved  to  reconsider  the  vote 
by  which  the  word  “appointed”  was  stricken  out,  and  the 
word  “elected”  inserted. 

Mr.  Stirling  moved  a  call  of  the  Convention ; 

The  motion  being  sustained, 

The  roil  was  called,  and  the  following  members  responded  : 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Au- 
doun,  Berry,  of  Prince  George’s,  Billingsley,  Blackiston, 
Briscoe,  Brown,  Carter,  Chambers,  Cunningham,  Cushing, 
Daniel,  Dellinger,  Dent,  Ecker,  Farrow,  Gale,  Galloway, 
Hatch,  Hebb,  Hodson,  Hoffman,  Hollyday,  Hopkins,  Hop¬ 
per,  Horsey,  Johnson,  Jones,  of  Cecil,  Keefer,  Kennard, 
Larsli,  Lee,  Mayhugh,  McComas,  Mitchell,  Miller,  Morgan, 
Mullikin,  Murray,  Kegley,  Nyman,  Parker,  Parran,  Pugh, 
Purnell,  Ridgely,  Robinette,  Russell,  Schley,  Smith,  of 
Carroll,  Smith,  of  Worcester,  Sneary,  Stirling,  Stock- 
bridge,  Swope,  Sykes,  Thomas,  Thruston,  Yalliant,  Wickard, 
Wooden — 63. 

% 

On  motion  of  Mr.  Galloway, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  question  then  recurring  upon  the  motion  of  Mr.  Ber¬ 
ry,  of  Prince  George’s  to  re-consider  ; 

Mr.  Berry,  of  Prince  George’s,  demanded  the  yeas  and 
nays, 

The  demand  being  sustained, 


573 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Belt, 

Berry,  of  P.  Geo. 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 


Annan, 

Aucloun, 

Carter, 

Cunningham, 

Cushing, 

Dellinger, 

Duvall, 

Ecker, 

Farrow, 

Galloway, 

Hatch , 

Hebb, 


Affirmative. 

Chambers, 

Daniel, 

Dent, 

Edelen, 

Gale, 

Hodson, 

Holly  day. 
Horsey, 

Negative. 

Hopkins, 

Hopper, 

Jones,  of  Cecil. 
Keefer, 
Kennard, 
Larsh, 

May  h  ugh, 
McComas, 
Mullikin, 
Murray, 

Negley, 

Nyman, 

Parker, 

Purnell, 

Eidgely, 


Johnson, 

Lee, 

Mitchell, 
Miller, 
Morgan , 
Parran, 
Pugh, 
Turner — 23. 


Eobinette, 

Russell, 

Schley, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Swope, 

Sy  kes,' 

Thomas, 

Thruston, 

Yalliant, 

Wickard, 

Wooden — 43. 

was  decided  in  the 


So  the  question  upon  its  adoption 
negative. 


Messrs. 

Goldsborough,  P’t 
Abbott, 


Mr.  Eidgely  submitted  the  following  amendment : 
Insei t  as  an  additional  section,  the  following" 

j  ■ 


“i®e%  '  Jhe  Judge  or  Judges  of  any  Court  may  appoint 

such  officers  for  their  respective  Courts,  as  may  be  found  ne¬ 
cessary  and  it  shall  be  the  duty  of  the  General  Assembly  to 
pi  escribe  by  law  a  fixed  compensation  for  all  such  officers 

The  question  being  on  the  adoption  of  the  amendment; 

Mr.  Eidgely  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 

Messrs.  Galloway, 

Goldsborough,  Pt.  Hatch, 


Murray, 

Negley, 


574 


Abbott, 

Hebb, 

Nvman, 

Annan, 

Audoun, 

Hodson, 

Parker, 

Hoffman, 

Pugh, 

Belt, 

Hollyday, 

Purnell, 

Berry,  of  P.  Geo., 

Hopkins, 

Ridgely, 

Billingsley, 

Hopper, 

Horsey, 

Russell, 

Blackiston, 

Smith,  of  Carroll, 

Bond, 

Johnson, 

Smith,  of  Wor., 

Carter, 

Chambers, 

Jones,  of  Cecil, 

Sneary, 

Kennard, 

Swope, 

Cunningham, 

Larsh, 

Sykes, 

Daniel, 

Mayhugh, 

Thomas, 

DenR 

McComas, 

Turner, 

Duvall, 

Mitchell, 

Yalliant, 

Ecker, 

Miller, 

Wickard, 

Edelen, 

Earrow, 

Morgan, 

Negative. 

Wooden — 54. 

essrs. 

Keefer, 

Robinette, 

Briscoe, 

Lee, 

Schley, 

Brown, 

Mullikin, 

Stirling, 

Cushing, 

Par  ran, 

Thruston — 11. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

On  motion  of  Mr.  Miller, 

The  Convention  returned  to  the  consideration  of  section 
fifteen. 

Mr.  Miller  submitted  the  following  amendment : 

Sec.  15.  Strike  out  the  word  “six,”  in  the  fourth  line,  and 
insert  the  word  “three  ;” 

Decided  in  the  affirmative. 

Messrs.  Stockbridge  and  Berry,  of  Prince  George’s,  were 
excused  from  attending  the  sessions  of  the  Convention  fora 
few  days,  and  Messrs.  Daniel,  Wickard  and  Ridgely,  the 
session  this  evening,  and  Mr.  Mulliken  to-morrow. 

Section  19,  was  then  taken  up. 

Mr.  Hebb  submitted  the  following  amendment : 

Sec.  19.  Strike  out  all  after  the  word  “the,”  in  the  first 
and  insert : 

“State  shall  be  divided  into  twelve  Judicial  Circuits,  in 
rnaner  following  :  The  counties  of  St.  Mary’s  Charles  and 


575 


Pniicc  George  s,  shall  constitute  the  first  Circuit  ;  the  coun¬ 
ties  of  Anne  Arundel,  Calvert  and  Montgomery,  the  second  • 
the  county  of  Frederick,  the  third  :  the  county  of  Washing 
ton  the  fourth  ;  the  county  of  Allegany,  the  fifth  ;  the  coun¬ 
ties  of  Carroll  and  Howard,  the  sixth  ;  the  county  of  Balti¬ 
more  the  seventh  ;  the  counties  of  Harford  and  Cecil  the 
eighth;  the  counties  of  Kent,  Rueen  Anne’s  and  Talbot 
the  ninth;  the  counties  of  Caroline  and  Dorchester,  the  tenth* 
ie  counties  of  Somerset  and  Worcester,  the  eleventh  ;  and 
the  city  of  Baltimore,  the  twelfth.” 

Mi.  Miller  submitted  the  following  amendment: 

Strike  out  section  19,  and  insert : 

"'Sec  19.  There  shall  be  a  Judge  for  each  county  in  the 
State,  who  shall  be  elected  by  the  legal  and  qualified  voters 
or  the  several  counties.  He  shall  be  a  resident  for  one  year 
in  the  county  for  which  he  may  be  elected  next  before  the 
time  of  his  election,  and  shall  reside  in  the  county  for  which 
ne  is  eiected,  while  he  continues  to  act  as  Judge.  * 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Purnell, 

I  he  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

Messrs.  Audoun,  Baker,  Barron,  Berry,  of  Baltimore  coun- 
ty,  Bond  Brooks,  Carter,  Clarke,  Dail,  Daniel,  Davis,  of 
Charles,  Davis  of  Washington,  Dennis,  Earle,  Greene,  Har¬ 
wood,  Hatch,  Henkle,  Jones,  of  Cecil,  Jones,  of  Somerset, 
harsh,  Mace,  Marbury,  Markey,  Noble,  Peter,  Eidgely, 

mC  l  ?sst<vr,11®0°tt>  kmith,  of  Dorchester,  Sneary,  Stockbridge, 
Todd,  Yalliant,  Wickard,  Wilmer— 36.  ° 

The  Convention  resumed  the  consideration  of  the  report  of 
tne  Committee  on  the  Judiciary  Department. 


576 


The  question  being  on  the  amendment  submitted  by  Mr. 
Miller,  to  the  amendment  of  Mr.  Hebb, 

Mr.  Mayhugh  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Duvall, 

Morgan, 

Negley, 

Belt, 

Edelen, 

Berry,  of  P.  Geo., 

Gale, 

Nyman, 

Billingsley, 

Holly  day, 

Parran, 

Blackiston, 

Horsey, 

Purnell, 

Briscoe, 

Johnson, 

Smith,  of  Carroll, 

Brown, 

Lansdale, 

Smith,  of  Wor., 

Chambers, 

Crawford, 

Lee, 

Swope, 

Mitchell, 

Thruston, 

Dent, 

Miller, 

Negative. 

Turner — 29. 

Messrs. 

Hoffman, 

Pugh, 

Goldsborough,  P’t 

Hopkins, 

Bobinette, 

Abbott, 

Hopper, 

Russell, 

Annan, 

Keefer, 

Sands, 

Schley, 

Cunningham, 

Kennard, 

Cushing, 

King, 

Stirling, 

Ecker, 

Mayhugh, 

Sykes, 

Farrow, 

Me  Co  m  as. 

Thomas, 

Galloway, 

Mullikin, 

Wooden — 28. 

Hebb, 

Parker, 

So  the  question  upon  its  adoption 
affirmative. 

was  decided  in  the 

Mr.  Keefer  moved  that  the  Convention  do  now  adjourn  ; 

The  question  being 

on  the  adoption 

of  the  motion  ; 

Mr.  Smith,  of  Carroll,  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 

Messrs. 

Galloway, 

Mayhugh, 

Abbott, 

Hoffman,  , 

McComas, 

Chambers, 

Hopper, 

Mullikin, 

Crawford, 

Horsey, 

Schley, 

Cunningham, 

Keefer, 

Stirling, 

Cushing, 

Dellinger, 

Gale, 


Ivennard, 
Ivin  o' 


Thomas, 
Wooden — 21. 


Negative. 


Messrs. 

Goldsborough,  P’t 
Annan, 

Belt, 

Berry,  of  P.  Geo., 
Billingsley, 
Blackiston, 
Briscoe, 

Brown, 

Dent, 

Duvall, 

Ecker, 

Edelen, 

Farrow, 


Hebb, 

Hodson, 

Hollyday, 

Hopkins, 

Johnson, 

Lansdale, 

Lee, 

Mitchell, 

Miller, 

Morgan, 

Murray, 

Negley, 

Nyman, 


Parker, 

Parran, 

Pugh, 

Purnell, 

Bobinette, 

Bussell, 

Sands, 

Smith  of  Car. 
Smith,  of  Wor., 
Swope, 

Sykes, 

Thruston, 
Turner — 39. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


Mr.  Hebb  moved  a  call  of  the  Convention  ; 

Which  was  not  sustained, 

.  Mi.  Ivennard  moved  that  the  Convention  do  now  ad¬ 
journ  ; 


The  question  being  on  the  adoption  of  the  motion  ; 

Mr.  Negley  demanded  the  yeas  and  nays,  '  , 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 


Messrs. 

Abbott, 

Annan, 

Cunningham, 

Cushing, 

Dellinger, 

Ecker, 

Farrow, 

Galloway, 

Hebb, 

Hoffman, 

Hopper, 

73 


Affirmative. 

Horsey, 

Johnson, 

Keefer, 

Kennard, 

King, 

Mayhugh, 

McComas, 

Mullikin, 

Murray, 

Nyman, 

Parker, 

Pugh, 


Purnell, 

Bobinette, 

Bussell, 

Sands, 

Schley, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Stirling, 

Swope, 

Sykes, 

Thomas, 

Wooden — 35, 


578 


Negative. 


Messrs. 

Goldsborough,  P’t 
Belt, 

Berry,  of  P.  Geo. 
Billingsley, 
Blackiston, 
Briscoe, 

Brown, 

Chambers, 


Crawford, 

Dent, 

Duvall, 

Edelen, 

Gale, 

Hodson, 

Hollyday, 

Hopkins, 

Lansdale, 


So  the  Convention  adjourned. 


Lee, 

Mitchell, 

Miller, 

Morgan, 

Negley, 

Parran, 

Thruston, 

Turner —  25. 


THUKSDAY,  August  25th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Clarke,  Dail,  Davis,  of  Charles, 
Dennis,  Earle,  Harwood,  Henkle,  Jones,  of  Cecil,  Jones,  of 
Somerset,  Mace,  Marbury,  Mullikin,  Noble,  Scott,  Stock- 
bridge,  Valliant — 21. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Wickard  moved  to  reconsider  the  vote  by  which  the 

*/ 

report  on  Interest  and  Usury  Laws  was  ordered  to  be  engross¬ 
ed  for  a  third  reading  ; 

Decided  in  the  negative.  . 

The  Convention  proceeded  to  the  consideration  of  the  Re¬ 
port  of  the  Committee  on  the  Judiciary  Department ; 

The  question  being  on  the  amendment  submitted  by  Mr. 
Hebb  as  amended  by  Mr.  Miller  ; 

Mr.  Schley  submitted  the  following  amendment  to  the 
amendment: 

Add  to  the  amendment  the  words  “the  salary  of  the  Cir- 


579 


cuit  Judges  shall  be  levied  and  paid  by  the  respective  coun¬ 
ties,  in  which  they  act  ;” 

The  question  being  on  the  adoption  of  the  amendment  to 
the  amendment : 


Mr.  Audoun  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Affirmative. 

Hatch, 

Robinette. 

Abbott, 

Hebb, 

Russell, 

Annan, 

Hoffman, 

Sands, 

Audoun, 

Hopkins, 

Schley, 

Brooks, 

Hopper, 

Smith,  of  Carr 

Cunningham, 

Keefer, 

Sneary, 

Cushing, 

Kennard, 

Stirling, 

Daniel, 

King, 

Swope, 

Davis,  of  Wash., 

Larsh, 

Sykes, 

Dellinger, 

Markey, 

Thomas, 

Ecker, 

McComas, 

Wickard, 

Galloway, 

Nyman, 

Wooden — 36. 

Greene, 

/ 

Messrs. 

Negative. 

Harrow, 

Barker, 

Goldsborough,  P't 

Gale, 

Parran, 

Billingsley, 

Henkle, 

♦  Peter, 

Blackiston, 

Ilollyday, 

Pugh, 

Bond, 

Horsey, 

Purnell, 

Briscoe, 

Johnson, 

Eidgely, 

Brown, 

Lansdale, 

Schlosser, 

Carter, 

Lee, 

Smith,  of  Dor. 

Chambers, 

May  h  ugh, 

Smith,  of  Wor. 

Crawford, 

Mitchell, 

Thruston, 

Dennis, 

Miller, 

Todd, 

Dent, 

Morgan, 

Turner, 

Duvall, 

Murray, 

Wi  liner — 40. 

Edelen, 

Negley, 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Keefer  submitted  the  following  amendment : 

Srrike  out  in  the  second  line,  the  words  c<several  counties/' 
and  insert  the  words  “State  at  large;” 

Decided  in  the  negative. 


580 


The  question  then  recurring  upon  the  adoption  of  the  amend¬ 
ment  of  Mr.  Hebb,  as  amended. 


Mr.  Pugh  demanded  the  yeas  and  nays, 

O  «/  v  / 


The  demand  being 

sustained, 

The  veas  and  nays 

t /  ! / 

were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs. 

Gale, 

Negley, 

Billingsley, 

Henkle, 

Parran, 

Blackiston, 

Hodson, 

Peter, 

Bond, 

Holly  day, 

Smith,  of  Carroll, 

Briscoe, 

Horsey, 

Johnson, 

Smith  of  Dor. , 

Brown, 

Smith,  of  Wor., 

Chambers, 

Lansdale, 

Swope, 

Crawford, 

Lee, 

Thruston, 

Dennis, 

Mitchell, 

Todd, 

Dent, 

Miller, 

Turner, 

Duvall, 

Edelen, 

Morgan, 

Negative. 

Wilmer — 33. 

Messrs. 

Greene, 

Parker, 

Gfoldsborough,  P’t 

Hatch , 

Pugh, 

Abbott, 

Hebb, 

Purnell, 

Annan, 

Audoun , 

Hoffman, 

Ridgely, 

Hopkins, 

Robinette, 

Brooks, 

Hopper, 

Russell, 

Carter, 

Keefer, 

Sands, 

Cunningham, 

Kennard, 

Schley, 

Cushing, 

King, 

Schlosser, 

Daniel, 

Larsh, 

Sneary, 

Davis,  of  Wash., 

Markey, 

Stirling, 

Dellinger, 

Mayhugh, 

Sykes, 

Ecker, 

McComas, 

Thomas, 

Farrow, 

Murray, 

Wickard, 

Galloway, 

Nyman, 

Wooden — 44. 

So  the  question  upon  its  adoption 

was  decided  in  the 

negative. 

Mr.  Hebb  submitted  the  following  amendment : 

Strike  out  all  after  the  word  “the,”  in  the  first  line,  and 
insert: 

“State  shall  be  divided  into  thirteen  Judicial  Circuits,  in 
manner  following:  The  counties  of  St.  Mary’s  and  Charles, 
shall  constitute  the  first  Circuit;  the  counties  of  Anne  Arundel 


581 


and  Calvert,  the  second;  the  counties  of  Prince  Ge<We’s  and 
Montgomery  the  third  ;  the  county  of  Frederick,  th/fourth  1 
the  county  of  Washington,  the  fifth;  the  county  of  Allegany’ 
the  sixth  ;  the  counties  of  Carroll  and  Howard,  the  seventh-’ 

ford  "and  Cecil  P"  eiglltil  5  the  counties  of  Har- 

and  Cecil,  the  ninth  ;  the  counties  of  Kent  and  Queen 

Anne  s,  toe  tenth  ;  the  counties  of  Talbot  and  Caroline  the 

eleventh  ;  the  counties  of  Dorchester,  Somerset  and  Wore es- 

tei,  the  twelfth,  and  the  city  of  Baltimore,  the  thirteenth.”’ 

amendment?'8  the  followinS  amendment  to  the 


Amend  the  amendment  by  transposin 
irom  the  twelfth  circuit,  to  the  eleventh 
and  Caroline  counties; 


g  Dorchester  county 
circuit,  with  Talbot 


Decided  in  the  negative. 


,  ^r*  kelt  submitted  the  following  amendment 

ment  : 


to  the  amend- 


Transpose  Prince  George’s  from  the  third 
taca  it  to  Charles  and  St  Mary’s,  first  district 


circuit,  and  at- 


Decided  in  the  negative. 


The  question  recurring  upon  the  adoption  of  the  amend- 
ment  submitted  by  Mr.  Hebb  ;  ~  UK1 


Mi .  Dennis  demanded  the  yeas  and  nays  ; 
idle  demand  being  sustained, 

Tiie  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Goldsborougb,  P’t 
Abbott, 

Audoun, 

Blackiston, 

Bond, 

Brooks, 

Carter, 

Chambers, 

Cunningham, 

Cushing, 

Davis,  of  Wash., 
Dellinger, 

Duvall, 

Ecker, 


Hebb, 

Henkle, 

Hoffman, 

Hopkins, 

Hopper, 

Johnson, 

Keefer, 

Kennard, 

King, 

Larsh, 

Mar  key, 

McComas, 

Miller, 

Murray, 

Kegley, 


Parr  an, 

Pugh, 

Purnell, 

Ridgely, 

Robinette, 

Russell, 

Sands, 

Schley, 

Smith,  of  Dor., 
Smith,  of  Wor., 
Sneary 
Sykes, 

Thomas, 

Thruston, 

Todd, 


582 


Galloway 

Greene, 

Hatch, 


Nyman, 

Parker, 


Wickard, 
Wooden — 52. 


Negative. 


Messrs! 


Briscoe, 

Brown, 


Daniel, 

Dennis. 


Annan, 

Belt, 


Crawford, 


Billingsley, 


Dent, 

Edelin, 

Harrow, 

Gale, 

Hodson, 

Hollyday, 

Horsey, 

Lansdale, 


Turner — 24. 


Morgan, 

PeteT, 

Schlosser, 

Smith,  of  Carroll 
Swope, 


Lee 


Mitchell, 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Strike  out  section  twenty,  and  insert : 

Sec.  20.  One  Court  shall  be  held  in  each  county  of  the 
State  ;  the  said  Courts  shall  be  called  Circuit  Courts  for  the 
county  in  which  they  may  be  held,  and  shall  have  and  exer¬ 
cise  all  the  power,  authority  and  jurisdiction,  original  and 
appellate,  which  the  present  Circuit  Courts  of  this  State  now 
have  and  exercise,  or  which  may  hereafter  be  prescribed  by 
law. 

Decided  in  the  affirmative. 

Mr.  Audoun  submitted  the  following  amendment: 

Amend  by  striking  out  all  after  the  word  “for,”  in  the 
first  line,  and  insert : 

“Each  Circuit  (the  loth  excepted)  there  shall  be  one 
Judge,  who  shall  be  styled  Circuit  Judge,  who  during  his 
term  of  office,  shall  reside  in  one  of  the  counties  composing 
the  Circuit  for  which  he  may  be  elected,  the  the  said  Judges 
shall  hold  a  term  of  their  Courts  in  each  of  the  counties  com¬ 
posing  their  respective  Circuits  at  such  times  as  now  are  or 
may  hereafter  be  fixed  by  law,  such  terms  to  be  never  less 
than  two  in  each  year  in  each  county  ;  special  terms  may  be 
held  by  said  Judges  in  their  discretion,  whenever  the  busi¬ 
ness  of  their  several  counties  renders  such  terms  necessary 

Decided  in  the  affirmative. 

Mr.  Peter  submitted  the  following  amendment : 

Add  to  the  section  the  following  : 


583 


‘‘It  shall  be  the  duty  of  the  Judge  elected  for  any  Circuit 
embracing  more  than  one  county  to  divide  his  time  equally 
between  each  county,  and  he  shall  be  required  to  reside  at 
he  county  town  one  half  of  his  time,  in  tach  county  where 
the  Circuit  embraces  two  counties,  and  one  third  of  his  time 
in  each  county  where  the  Circuit  embraces  three  counties 

It  was  decided  in  the  negative. 

On  motion  of  Mr.  Galloway, 

order®  VU!°S  W6re  SUSpended’  and  he  submitted  the  following 

Ordered,  That  the  Committee  on  Accounts  he  instructed 
not  to  issue  any  more  certificates  for  payment  of  members  or 
officers  of  this  Convention  until  after  its  adjournment  sine 

Which  was  adopted. 

Con.yfntion  resumed  the  consideration  of  the  renorf  of 

the  Committee  on  the  Judiciary  Department.  1 

All .  Abbott  submitted  the  following  amendment  * 

the  word  r°’  StHke0Utthe  word  “three,”  and  insert 

Mr;>1Sands  moved  to  amend  by  striking  out  '‘three  then 
sand,  and  inserting  the  words  “twenty-five  hundred 

mined  \7mT  Sands °f  the  “dment  sub- 
An.  Abbott  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 


Hebb, 


Golds  borough,  P’t  Hoffman 

A  Klrott  TT  1,  , 


Abbott, 
Billingsley, 
Briscoe, 
Chambers, 
Cunningham, 
Daniel, 


Hollyday, 

Hopkins, 

Hopper, 

Horsey, 

Johnson, 

Keefer, 


Davis,  of  Wash.,  King;, 
Dellinger,  “ 

Ecker, 


Lansclale, 

Larsh, 


Megley, 

Hyman, 

Parran, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Smith,  of  Carroll, 
Sneary, 

Swope, 

Sykes, 


584 


Edelen, 

Markey, 

Thrust  on, 

Farrow, 

McComas, 

Todd, 

Galloway, 

Mitchell, 

Wooden — 43. 

Greene, 

Morgan, 

Negative. 

Messrs. 

Duvall, 

Pugh, 

Annan, 

Gale, 

Purnell, 

Audoun, 

Hatch, 

Ridgely, 

Blackiston, 

Henkle, 

Robinette, 

Bond, 

Kennard, 

Smith,  of  Dor.-, 

Brooks, 

Lee, 

Smith,  of  Wor., 

Brown, 

Miller, 

Stirling, 

Cushing, 

Murray, 

Stirling, 

Dennis, 

Parker, 

Thomas, 

Dent, 

Peter, 

Wickard — 28. 

So  the  question  upon  its  adoption  was 

decided  in  the  affir- 

mative. 

Mr.  Duvall  submitted  the  following  amendment: 

Sec.  22.  Insert  after  the  words  “per  annum,”  inthesecond 

line,  the  words 

“except  in  those  Circuits  composed  of  one 

county,  wherein 

the  salary  shall  be  two  thousand  dollars 

The  question  being  on  the  adoption 

of  the  amendment  ; 

Mr.  Peter  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and 

nays  were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs. 

Edelen, 

Lansdale, 

Abbott, 

Gale, 

Mitchell, 

Billingsley, 

Hatch, 

Miller, 

Briscoe, 

Henkle, 

Morgan, 

Dennis, 

Hodson, 

Par  ran, 

Dent, 

Horsey, 

Peter — 19. 

Duvall, 

Johnson, 

Negative. 

Messrs. 

Greene, 

Ridgely, 

Goldsborough 

,P’t  Hebb, 

Robinette, 

Annan, 

Hoffman, 

Russell, 

Audoun, 

Hollyday, 

Sands, 

Blackiston, 

Hopkins, 

Schley, 

Bond, 

Hopper, 

Schlosser, 

Brooks, 

Keefer, 

Smith,  of  Carroll, 

585 


Brown, 

Carter, 

Chambers, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 
Farrow, 
Galloway, 


Kennard, 

Kino- 

Lee, 

Markey, 
Me  Co  mas, 
Murray, 
Nyman, 

P  arker, 

pugh, 

Purnell, 


Smith,  of  Wor., 
Stirling, 

Swope, 

Sykes, 

Thomas, 

Thruston, 

Todd, 

Wickard, 

Wilmer, 

Wooden — 50. 


#  So  the  question  upon 
tive. 


its  adoption  was  decided  in  the  nega- 


Mi .  1  eter  submitted  the  following  amendment: 
wordC'“ten-”ne  thr6e’  Strike  the  word  "six,”  and  insert  the 


Decided  in  the  negative. 


Mi.  Miller  submitted  the  following  amendment : 

Sec.  23.  line  three,  strike  out  the  word  ccsix,”  and 
the  word  “fifteen;” 


insert 


Decided  in  the  negative. 

Mi.  Audoun  submitted  the  following  amendment: 

Amend  by  adding  “and  vacancies  in  said  office  of  Clerk  by 
death,  resignation  or  removal  from  office,  shall  be  filled  by 
tne  ^udge  of  the  counties  or  city  respectively,  for  the  residue 
oi  the  term  thus  made  vacant;” 

Decided  in  the  negative. 

Mr.  Pai ran  submitted  the  following  amendment: 


Add  to  end  oi  section  23,  the  following : 

uIn  the  event  of  any  vacancy  in  the  office  of  the  Clerk  of 
any  of  the  Circuit  Courts,  said  vacancy  shall  be  filled  by  the 
Judge  of  said ‘Circuit  in  which  said  vacancy  occurs  until  the 
next  general  election  for  county  officers,  when  a  Clerk  of  said 

Circuit  Court  shall  be  elected  to  serve  for  six  years  there¬ 
after; 

Decided  in  the  affirmative. 

Mr.  Abbott  submitted  the  following  amendment : 

Insei  t  as  an  additional  section  the  following  : 

“Sec.  24.  The  election  for  all  Judiciary  officers  shall  be  held 

74 


586 


on  the  third  Wednesday  of  May  in  each  year,  that  such  offi¬ 
cers  may  he  required  to  he  elected,  and  no  other  officers  ex¬ 
cept  a  Judicial  one  shall  he  elected  at  the  same  time;” 

Decided  in  the  negative. 

Mr.  Thomas  submitted  the  following  amendment: 

Insert  as  an  additional  section  the  following: 

“Sec  24.  In  case  of  the  death,  resignation,  removal  or 
other  disqualification  of  a  Judge  by  the  Courts  of  this  State, 
the  Governor  by,  and  with  the  advice  and  consent  of  the  Sen¬ 
ate,  shall  thereupon  apoint  a  person  duly  qualified,  to  fill 
said  office  until  the  next  general  election  for  members  to  the 
General  Assembly  thereafter,  at  which  time  an  election  shall 
be  held  as  herein  prescribed,  for  a  Judge,  who  shall  hold  said 
office  for  the  term  of  fifteen  years,  and  until  the  election  and 
qualification  of  his  successor;” 

Decided  in  the  affirmative  . 

•  Mr.  Thomas  submitted  the  following  amendment : 

Strike  out  the  24th  section,  and  insert  the  following: 

“Section  24.  The  qualified  voters  of  the  city  of  Baltimore, 
and  of  the  several  counties  of  the  State,  shall  on  Tuesday  next 
after  the  first  Monday  in  the  month  of  November,  1867,  and 
on  the  same  day  in  the  same  month  in  every  fourth  year  there¬ 
after,  elect  three  men  to  he  Judges  of  the  Orphans’  Court  of 
said  city  and  counties  respectively,  who  shall  he  citizens  of 
the  State  of  Maryland  and  citizens  of  the  city  or  county  for 
which  they  may  he  severally  elected,  at  the  time  of  their 
election;  the  Judges  of  the  Orphans’  Court  for  the  city  of  Bal¬ 
timore,  shall  receive  an  annual  salary  of - hundred 

dollars,  to  be  paid  by  said  city.  The  Judges  in  the  several 
counties  shall  receive  a  per  diem,  and  be  paid  by  the  said 
counties;” 

Mr.  Hebb  submitted  the  following  amendment : 

Sec.  24,  line  two,  strike  out  all  after  the  word  “Baltimore,” 
and  insert  the  following: 

“The  qualified  voters  of  the  city  of  Baltimore  and  of  the 
several  counties  of  the  State  shall,  on  Tuesday  next  after  the 
first  Monday  in  the  month  of  November,  eighteen  hundred 
and  sixty-seven,  elect  three  men  to  be  Judges  of  the  Orphans’ 
Court,  of  said  city  and  counties  respectively;  one  of  the  said 
Judges  first  elected,  shall  hold  his  office  for  two  years,  one 
for  four  years  and  the  other  for  six  years;  and  at  the  first 
meeting  after  their  election  and  qualification,  or  as  soon 


587 


the  rat  ter  as  practicable,  they  shall  determine  by  lot,  which 
one  of  their  number  shall  hold  his  office  for  two,  four  and 
six  years  respectively,  and  thereafter  there  shall  be  elected 
as  aforesaid,  at  each  general  election  for  county  officers,  one 
Judge  to  serve  for  the  term  of  six  years.  No  person  shall  be 
elected  Judge  of  the  Orphans  Court  unless  he  be  a  citizen  of 
the  United  States,  and  resident  for  twelve  months  in  the  city 
ov  county  for  which  he  may  be  elected  at  the  time  of  his  elec¬ 
tion;. each  or  said  Judges  shall  be  paid  at  a  per  diem  rate  for 
the  time  they  aie  in  session,  to  be  fixed  by  the  General  As¬ 
sembly,  and  paid  by  the  said  counties  and  city  respectively, 
and  shall  receive  such  compensation  as  is  now  or  may  hereafter 
be  fixed  by  the  General  Assembly;” 

Mr.  Bond  submitted  the  following  amendment  to  the 
amendment: 

Sec.  24.  Amend  the  amendment  as  follows: 

Strike  out  all  after  the  word  “The,”  in  the  1st  line,  and 
insert,  “business  and  duties  of  the  Orphans’  Court  shall  be 
performed  by  the  Judge  of  the  Circuit  Court  for  the  district 
except  so  far  as  the  several  Registers  of  Wills  may  be  autho¬ 
rized  by  law  to  perform  part  of  said  duties  ;” 

Decided  in  the  negative. 


Mr.  Thomas  submitted 
amendment : 


the  following  amendment  to  the 


Add  at  the  end  ot  the  section  the  following : 

.  “Provided,  the  Judges  of  the  Orphans’  Courts  of  Baltimore 
city  shall  receive  an  annual  salary  of  fifteen  hundred  dollars 
to  be  paid  by  the  Mayor  and  City  Council  of  Baltimore  as 
city  officers  are  paid  ;” 

Decided  in  the  negative. 

The  question  then  being  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Hebb, 

It  was  decided  in  the  affirmative. 


Mr.  Stirling  submitted  the  following  amendment: 

Sec.  25.  Strike  out  all  after  the  word  “prescribe,”  in  the 
third  line  ; 

The  question  being  on  the  adoption  of  the  amendment. 

Mr.  Wickard  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 


588 


The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Affirmative. 

Duvall, 

Miller, 

Goldsborough,  P’t 

Edelen, 

Morgan, 

Billingsley, 

Farrow, 

Murray, 

Blackiston, 

Gale, 

Parker, 

Bond, 

Greene, 

Parran, 

Briscoe, 

Hodsori, 

Peter, 

Chambers, 

Crawford, 

Holly  day, 

Purnell, 

Hopkins, 

Ridgely, 

Cushing, 

Horsey, 

Sands, 

Daniel,* 

Kennard, 

Lansdale, 

Stirling, 

Dennis, 

Thomas — 34 

Dent, 

Mitchell, 

Negative. 


Messrs. 

Hopper, 

Russell. 

Abbott, 

Johnson, 

Schley, 

Annan, 

Audoun, 

Keefer, 

Schlosser, 

King, 

Smith,  of  Carroll 

Brown, 

Larsh, 

Smith,  of  Dor., 

Carter, 

Lee, 

Sneary, 

Cunningham, 
Davis,  of  Wash., 

Markey, 

Swope, 

Mayhugh, 

Sykes, 

Dellinger, 

McComas, 

Todd, 

Ecker, 

Negley, 

Wickard, 

Galloway, 

Nyman, 

Wilmer, 

Hatch, 

Hoffman, 

Pugh, 

Robinette, 

W  ooden — 37. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Purnell  submitted  the  following  amendment : 

Sec.  25.  Strike  out  the  word  “Legislature,”  and  insert  the 
words  “General  Assembly;” 

Decided  in  the  affirmative. 

Mr.  Thomas  submitted  the  following  amendment : 

Sec.  25,  line  five,  after  the  word  “persons,”  insert  the 
words  “not  to  exceed  the  value  of  one  thousand  dollars  ;” 

Mr.  Davis,  of  Washington,  submitted  the  following  amend¬ 
ment  to  the  amendment : 

""Strike  out  “one  thousand,”  and  insert  “three  thousand.” 
in  latter  part  of  amendment ; 


589 


I  he  question  being  on  the  adoption  of  the  amendment  to 
the  amendment, 


Mr.  Swope  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays' were  called,  and  appeared  as  follows  : 


Messrs. 

Annan, 

Audoun, 

Brown, 

Carter, 
Cunningham, 
Davis,  of  Wash. 
Dellinger, 
Dennis, 

Ecker, 


Affirmative. 

Gale, 

Hatch, 

Hopper, 

Johnson, 

Keefer, 

Mar  key, 
Mavhugh, 
McComas, 
Nyman, 

Pugh, 

Negative. 


Robinette, 
Russell, 
Schlosser, 
Smith,  of  Dor.. 
Sneary, 

Swope, 

Sykes, 

Todd, 

Wickard — 28. 


Messrs. 

Goldsborough, 

Abbott, 

Billingsley, 

Blackiston, 

Briscoe, 

Chambers, 

Cushing, 

Daniel, 

Dent, 

Duvall, 

Edelen, 

Farrow, 

Galloway, 


Greene, 
PH  Hebb, 
Hoffman, 
PI  oily  day 
Hopkins, 
Horsey, 
Kennard, 
KI  n p* 
Lansdale^ 
Larsh, 
Mitchell, 
Miller, 
Morgan, 
Murray, 


Negley, 

Parker, 

Parran, 

Peter, 

Purnell, 

Ridgely, 

Sands, 

Schley, 

Smith,  of  Carroll, 
Stirling, 

Thomas, 

Thruston, 

Wilmer, 

Wooden — 41. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


The  question  recurring  upon 
by  Mr.  Thomas  : 


the  amendment  submitted 


Mr.  Wooden  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs.  Edelen,  Morgan 

Goldsborough,  P’t  Farrow,  Negley,’ 


590 


Annan, 

Galloway, 

Parran, 

Purnell, 

Belt, 

Greene, 

Billingsley, 

Hebb, 

Robinette, 

Blackiston, 

Henkle, 

Russell, 

Brocks, 

Hoffman, 

Sands, 

Brown, 

Holly  day, 

Schley, 

Chambers, 

Hopkins, 

Smith,  of  Carroll 

Cunningham, 

Hopper, 

Sneary, 

Cushing, 

Horsey, 

Swope, 

Daniel, 

Kennard, 

Sykes, 

Dellinger, 

Lansdale, 

Thomas, 

Dent, 

Duvall, 

Ecker, 

Larsh, 

Wilmer, 

Me  Com  as, 
Mitchell, 

Negative. 

Wooden — 46. 

essrs. 

Johnson, 

Pugh, 

Abbott, 

Keefer, 

Kidgely, 

Audoun, 

King, 

Schlosser, 

Briscoe, 

Markey, 

Smith,  of  Dor. , 

Carter, 

Miller, 

Stirling, 

Davis,  of  Wash., 

Murray, 

Thruston, 

Dennis, 

Nyman, 

Todd, 

Gale, 

Parker, 

*  Turner, 

Hatch, 

Peter', 

Wickard — 26. 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Ridgely  submitted  the  following  amendment: 

Strike  out  the  section  and  insert : 

uSec.  25.  The  said  Orphans’  Courts  shall  have  all  the 
powers  now  vested  by  law  in  the  Orphan’s  Courts  of  this 
State,  subject  to  such  changes  as  the  General  Assembly  may 
prescribe,  and  shall  have  such  other  jurisdiction  as  may  from 
time  to  time  be  provided  by  law 

Pending  the  consideration  of  which. 

On  motion  of  Mr.  Ridgely,. 

The  rules  were  suspended  and  he  submitted  the  following 
order : 

Ordered,  That  the  order  for  recess  for  evening  sessions  be 
suspended  for  this  evening  ; 

Which  was  adopted. 

Messrs.  Gale,  Thruston,  Dent,  Brown  and  Robinette,  were 


591 


fi^days*™111  attend^ng  tIie  sessions  of  the  Convention  for  a 

On  motion  of  Mr.  Chambers, 

The  Convention  adjourned. 


i. 


FRIDAY,  August  26th,  1864. 

The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Todd. 

All  the  Members  present  except  the  following  : 

Messrs.  Baker,  Barron,  Berry,  of  Baltimore  county,  Berry 
of  Prince  George  s  Brown,  Carter,  Clake,  Dail,  Davis  of 
Charles  Dennis,  Earle,  Gale,  Harwood,  Hatch,  .Johnson 
Jones,  of  Cecil,  Jones,  ofSomerset,  Mace,  Marbury,  Maylumh’ 
Noble,  Robinette,  Scott,  Thruston— 24.  a ’ 

■  The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Pu°'b 

O  2 

H  was  ordered  to  be  entered  on  the  Journal  that  Mr 

Scott,  of  Cecil,  is  detained  from  his  seat  on  account  of  sick- 
ness. 

On  motion  of  Mr.  Dellinger^ 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr  Mav- 
hugh  is  detained  from  his  seat  by  indisposition.  ’  ^ 

The  Convention  proceeded  to  the  consideration  of  the  Report 
of  the  Committee  on  the  J udiciary  Department ; 

^  b^g  ?n  tlie  adoPtion  of  the  amendment 
submitted  by  Mr.  Ridgely,  to  wit: 

Strike  out  section  twenty-five  and  insert  : 

“Sec.  25.  The  said  Orphans’  Courts  shall  have  all  the 
powers  now  vested  by  law  in  the  Orphans’  Courts  of  this 
State,  subject  to  such  changes  as  the  General  Assembly  may 


0 


592 


prescribe,  and  shall  have  such  other  jurisdiction  as  may  from 
time  to  time  be  provided  by  law 

Mr.  Pugh  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Iiebb, 

Murray, 

Goldsborough,P’ 

t  Henkle, 

Negley, 

Billings1  ey, 

Hodson, 

Parker, 

Blackiston, 

Hoffman, 

Parran, 

Bond, 

Holly  day, 

Peter, 

Briscoe, 

Hopkins, 

Purnell, 

Ridgely, 

Chambers, 

Horsey, 

Cushing, 

Kennard, 

Smith,  of  Wor., 

Daniel, 

King, 

Stirling, 

Dent, 

Lansdale, 

Stockbridge, 

Duvall, 

Larsh, 

Thomas, 

Edelen, 

Lee, 

Turner, 

Farrow, 

Mitchell, 

Yalliant, 

Galloway, 

Greene, 

Miller, 

Morgan, 

Negative. 

Wilmer — 43. 

Messrs. 

Hopper, 

Schlosser, 

Abbott, 

Keefer, 

Smith,  of  Carroll, 

Annan, 

Markey, 

Smith,  of  Dor. , 

Audoun, 

McComas, 

Sneary, 

Brooks, 

Mullikin, 

Swope, 

Crawford, 

Nyman, 

Sykes, 

Todd, 

Cunningham, 

Pugh, 

Davis,  of  Wash., 

Russell, 

Wickard, 

Dellinger, 

Sands, 

Wooden — 28. 

Ecker, 

Schley, 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

Mr.  Audoun  submitted  the  following 

amendment : 

Sec.  26,  third  line,  insert  after  the  word  respectively 
t£on  the  Tuesday  next  after  the  first  Monday  in  November, 
1869 

Decided  in  the  negative. 

Mr.  Stirling  submitted  the  following  amendment : 

Sec.  26,  line  eleven,  strike  out  the  words  1 ‘Delegates  to  the 


593 


General  Assembly  ”  and  insert  the  words  “county  officers 
Decided  in  the  affirmative.  "  ’ 

Mi .  Daniel  submitted  the  following  amendment : 

Strike  out  the  words  “elected  and/’  in  the  fifth  line  ; 
Decided  in  the  negative. 

Mi.  lodd  submitted  the  following  amendment  : 

Insert  as  an  additional  section,  the  following: 

sevp^fll°  n  *  P  slia11  the  duty  of  the  Orphans’  Court  of  the 
thpv  f  c.ountiesand  Die  city  of  Baltimore  to  bind  out,  until 

eighteen1  v!nr  the  age  of  twenty-one  years  for  males,  and 

rrjrj°r“es’a11  neSroes  emancipated  by  the 

of  suonort  f  V8  Co?stltutlo?>  who  are  minors,  incapable 
maS  themselves,  and  whose  parents  are  unable  to 

mal  l!  ft  enn  Subjeo!i  to  such  regulations  as  are  now  or 
frr/f  n  prescribed  by  law  ;  and  in  all  cases  the  pre- 

iud  "menfn  *  ^  t?  their  ,former  in  the 

havrcharge  of  them V  S  67  ^  SUitaMe  perS0DS  to 

tion  of  the  amenTm^n/  P08tP°De  inforiaaUy  the  consi^a- 

Decided  in  the  negative. 

Mr.  Schley  submitted  the  following  amendment : 

Amend  by  inserting  after  the  word  “preference,”  in  the 

««uf  2s3Z,y* ,h*  »f  ii“  »— <• » 

Decided  in  the  negative. 

Mr  Stockbridge  submitted  the  following  amendment  to  the 
amendment : 


Add  at  end  of  the  section  the  words  “and  said  Court  shall 
bind  all  masters  to  whom  any  such  apprentice  shall  be  inden¬ 
tured,  to  cause  said  apprentice  to  be  taught  to  read  and  write  • 
and  any  violation  of  which  obligation  on  the  part  of  any 
master  shall  cancel  the  indenture  of  apprenticeship 

Mr.  Wooden  moved  the  previous  question; 

The  question  being, 

Shall  the  main  question  be  now  put?” 

Mi.  Chambers  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

75 


594 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Greene. 

Bidgely, 

Abbott, 

Ilebb, 

Russell, 

Annan, 

Hoffman, 

Schley, 

Belt, 

Hopkins, 

t  Schlosser, 

Bond, 

Keefer, 

Smith,  of  Carroll 

Brooks, 

Kennard, 

Smith,  of  Wor., 

Cunningham, 

King, 

Sneary, 

Cushing, 

Murray, 

Swope, 

Davis,  of  Wash. 

Negley, 

Sykes, 

Ecker, 

Nyman, 

Wickard, 

Harrow, 

Galloway, 

Pugh, 

Negative. 

Wooden — 33. 

Messrs. 

Hollyday, 

Parker, 

Goldsborough,  Pt. 

Hopper, 

Parran, 

Audoun, 

Horsey, 

Peter, 

Billingsley, 

Lansdale, 

Purnell, 

Blackiston, 

Larsh, 

Smith,  of  Dor., 

Briscoe, 

Crawford, 

Lee, 

Stirling, 

Markey, 

Stockbridge, 

Daniel, 

McComas, 

Thomas, 

Dellinger, 

Mitchell, 

Todd, 

DenC 

Miller, 

Morgan, 

Mullikin, 

Turner, 

Duvall, 

Valliant, 

Edelen, 

Hodson, 

Wilmer — 36. 

So  the  call  for  the  previous  question 

was  not  sustained  :  . 

Mr.  McComas,  (seconded  by  Messrs.  Miller  and  Purnell, 
moved  to  reconsider  the  vote  last  taken  ; 


The  question  being  on  the  adoption  of  the  motion  ; 
Mr.  Wooden  demanded  the  yeas  and  nays  ; 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Abbott, 

Annan, 

Bond, 

Briscoe, 


Affirmative. 

Hollyday, 

Hopkins, 

Plopper, 

Horsey, 

Keefer, 


Par  ran, 

Peter, 

Pugh, 

Bidgely, 

Russell, 


595 


Chambers, 

Crawford, 

Cunningham, 

Cushing, 

Davis,  of  Wash., 
Duvall, 

Edelen, 

Galloway, 

Greene, 

Hebb, 

Henkle, 


Kennard, 

King 

Lansdale, 

Larsh, 

Me  Comas, 

Miller, 

Mullikin, 

Murray, 

Negley, 

Nyman, 


Schley, 

Schlosser, 

Smith,  of  Carroll, 
Sneary, 

Stirling, 

Swope, 

Sykes, 

Valliant, 

Wickard, 

Wooden — 45. 


Negative. 


Messrs.  Dent, 

Goldsborough,P’t  Farrow, 
Audoun,  "  Hodson, 

Billingsley,  Lee, 

Blackiston,  Markey, 

Brooks,  Mitchell, 

Daniel,  Morgan, 

Dellinger,  Parker, 


Purnell, 

Sands, 

Smith,  of  Dor., 
Smith,  of  Wor., 
Stockbridge, 
Todd, 

Turner, 

Wilmer — 23. 


So  the  vote  upon  the  question  ot  sustaining  the  previou# 
question  was  reconsidered. 


The  question  again  being  upon  sustaining  the  call  for  the 
previous  question, 


It  was  determined  in  the  affirmative. 

The  question  next  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Stockbridge  to  the  amendment  of  Mr.  Todd, 

Mr.  Morgan  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Brooks, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash. 

Dellinger, 

Ecker, 


Affirmative. 

Farrow, 

Greene, 

Hebb, 

Hopkins, 

Hopper, 

Keefer, 

Kennard, 

McComas, 

Murray, 

Nvman, 

Pugh, 


Bussell, 

Sands, 

Schley, 

Schlosser, 

Smith,  of  Carroll, 
Stirling, 
Stockbridge, 
Sykes, 

Thomas, 

Wickard — 31. 


596 


essrs. 

Negative. 

Ilodson, 

Parran, 

Goldsborough,  P’t 

Hoffman, 

Hollyday, 

Peter, 

Belt, 

Purnell, 

Billingsley, 

Horsey, 

Bidgely, 

Smith,  of  Dor., 

Blackiston, 

King, 

Bond, 

Lansdale, 

Smith,  of  Wor. , 

Briscoe, 

Larsh, 

Sneary, 

Swope, 

Chambers, 

Lee, 

Crawford, 

Markey, 

Todd, 

Dent, 

Mitchell, 

Turner, 

Valliant, 

Duvall, 

Miller, 

Edelen, 

Morgan, 

Wilmer, 

Galloway, 

Negley, 

Wooden — 39. 

Henkle, 

Parker, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Todd  ; 

On  motion  of  Mr.  Pugh, 

% 

The  subject  was  divided  ; 

The  question  then  being  on  the  first  clause  of  the  amend¬ 
ment,  to  wit: 

“It  shall  be  the  duty  of  the  Orphans’  Court  of  the  several 
counties  and  the  city  of  Baltimore  to  bind,  until  they  arrive 
at  the  age  of  twenty-one  years  for  males  and  eighteen  years  for 
females,  all  negroes  emancipated  by  the  adoption  of  this  Con¬ 
stitution,  who  are  minors,  and  incapable  of  supporting  them¬ 
selves,  or  whose  parents  are  unable  to  maintain  them,  subject 
to  such  regulations  as  are  now  or  may  hereafter  be  prescribed 
by  law;” 

Mr.  Pugh  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Hebb, 

Negley, 

Goldsborough,  P’t 

Henkle, 

Nyman, 

Annan, 

Hodson, 

Parran, 

Belt, 

Hoffman, 

Peter, 

Billingsley, 

Hollyday, 

Purnell, 

Blackiston, 

Hopper, 

Bidgely, 

597 


Bond, 

Briscoe, 

Chambers, 

Crawford, 

Cunningham, 

Daniel. 

/ 

Davis,  of  Wash., 
Dent, 

Duvall, 

Farrow, 

Galloway, 

Greene, 

Horsey, 

King, 

Lansdale, 

Larsh, 

Lee, 

Markey, 

McComas, 

Mitchell, 

Miller, 

Morgan, 

Mullikin, 

Sands, 

Smith,  of  Carroll 
Smith,  of  Dor. 
Smith,  of  Wor., 
Sneary, 

Swope, 

Sykes, 

Todd, 

Turner, 

Valliant, 

Wilmer — 51. 

Negative. 

Messrs. 

Abbott, 

Audoun, 

Brooks, 

Cushing, 

Dellinger, 

Ecker, 

Hopkins, 

Keefer, 

Kennard, 

Murray, 

Parker, 

Pugh, 

Russell, 

Schley, 

Schlosser, 

Stirling, 

Stockbridge, 

Thomas, 

Wickacd, 

Wooden — 20. 

So  the  question  upon  its  adoption  was  decided 
affirmative. 


in 


the 


I  he  question  recurring  upon  the  second  clause  of  the 
amendment,  to  wit :  “and  in  all  cases  the  preference  shall  be 
given  to  their  former  masters,  when  in  the  judgment  of  said 
Courts  they  are  suitable  persons  to  have  charge  of  them 

Mr.  Pugh  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

Ihe  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

G-oldsborough, 

Annan, 

Belt, 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Chambers, 

Crawford, 

Cunningham, 

Dent, 

Duvall, 


Hodson, 

’t  Hoffman, 
Holly  day, 
Horsey, 
King, 
Lansdale, 
Larsh, 
Lee, 
Markey, 
McComas, 
Mitchell, 
Miller, 
Morgan, 


Hyman, 

Parran, 

Peter, 

Purnell, 

Bidgely, 

Smith,  of  Carroll, 
Smith,  of  Dor., 
Smith,  of  Wor. 
Sneary, 

Swope, 

Sykes, 

Todd, 

Turner, 


» 


598 


Edelen, 

Mullikin, 

Valliant, 

Galloway, 

Henkle, 

Negley, 

Wilmer  —45. 

Negative. 

V 

Messrs. 

Greene, 

Bussell, 

Abbott, 

Hehb, 

Sands, 

Audoun, 

Hopkins, 

Schley, 

Brooks, 

Hopper, 

Schlosser, 

Cushing, 

Keefer, 

Stirling, 

Daniel, 

Kennard, 

Stockbridge, 

Davis,  of  Wash. 

,  Murray, 

Thomas, 

Dellinger, 

Parker, 

Wickard, 

Ecker, 

Farrow, 

Pugh, 

Wooden — 27. 

So  the  question 
firmative. 

upon  its  adoption  was 

decided  in  the 

Messrs.  Hopkins,  Edelen  and  McComas  were  excused  from 
attending  the  sessions  of  the  Convention  until  Monday. 

On  motion  of  Mr.  Stirling, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING-  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county, 
Berry,  of  Prince  George’s,  Billingsley,  Blackiston,  Bond, 
Briscoe,  Brooks,  Brown,  Carter,  Chambers,  Clarke,  Crawford, 
Hail,  Davis,  of  Charles,  Dennis,  Dent,  Duvall,  Earle, 
Edelen,  Gale,  Harwood,  Hatch,  Henkle,  Hodson,  Hopkins, 
Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Kennard, 
Larsh,  Lee,  Mace,  Marbury,  Mayhugh,  McComas,  Miller, 
Noble,  Parran,  Peter,  Robinette,  Smith,  of  Dorchester, 
Sneary,  Thruston,  Turner,  Valliant,  Wickard,  Wilmer — 50. 

There  being  no  quorum  present, 


599 


Mi.  Audoun  moved  a  call  of  the  Convention  ; 

The  motion  being  sustained, 

The  roll  was  called,  and  the  following  members  responded  : 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Au- 

doun,  Cunningham  Cushing,  Daniel,  Davis,  of  Washington, 

mar ^er’T/<  arrow;  GraUoway ,  Greene,  Hebb,  Hoft- 

Marl-ev1  M'ff  nV’  H°rSey>  Keefer>  King,  Lansdale, 
Mai  he} ,  Mitchell  Morgan,  Mullikin,  Murray,  Negley 

SclZ^sfM^61’  W  ?u™U>  RidSely-  Russell ,  SaYd^ 
„  le7>  Sohlosser,  Scott,  Smith,  of  Carroll,  Smith,  of  Wor- 

Wooden-ifb8’  St0°kbndge’  Sw°Pe>  Sykes,  Thomas,  Todd, 
On  motion  of  Mr.  Audoun, 

The  Sergeant-at-Arms  was  sent  after  the  absent  members. 

The  Sergeant-at-Arms  returned  and  reported  that  he  could 
find  hut  one  absentee  in  the  city,  and  he  was  indisposed. 

On  motion  of  Mr.  Pugh, 

The  Convention  adjourned. 


SATURDAY,  August  27th,  1864. 
The  Convention  met  at  10  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Patterson. 


All  the  members  present  except  the  following  : 

Messrs.  Baker,  Barron,  Belt,  Berry,  of  Baltimore  county 
Berry,  of  Prince  George’s  Billingsley,  Bond,  Briscoe,  Brown’ 
Clarke,  Dail,  Davis,  ot  Charles,  Dennis,  Dent,  Earle  Edeler/ 
Gaie,  Harwood,  Henkle,  Hopkins,  Johnson,  Jones,  of  Cecil’ 
Jones,  of  Somerset,  Keefer,  Kennard,  Larsh,  Mace,  Mar  bury 
Mayhugh,  McComas,  Miller,  Noble,  Peter,  Pvobinette  Smith’ 
of  Carroll,  Thruston,  Turner,  Valliant— 37.  ’  '  ’ 

The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Mulliken, 


600 


It  was  ordered  to  be  entered  on  the  Journal  that  James 
Yalliant  is  detained  from  liis  seat  to-day  is  in  consequence  of 
attention  to  business  as  Chairman  of  the  Committee  on  Print¬ 
ing  and  Reporting,  with  the  Printer  in  Baltimore. 

On  motion  of  Mr.  Hatch, 

• 

It  was  ordered  to  be  entered  on  the  Journal,  that  had  Mr. 
Hatch  been  in  his  seat  yesterday  he  would  have  voted  against 
the  section  added  to  the  Judiciary  article,  providing  a  system 
of  involuntary  apprenticeship,  and  in  favor  of  the  amend¬ 
ment  which  was  offered  thereto  designed  to  secure  such  ap¬ 
prentices  education  so  as  to  enable  them  to  read  and  write. 

Mr.  Abbott  submitted  the  following  resolution: 

Resolved,  That  in  view  of  the  uncertain  condition  of  af¬ 
fairs  in  this  State,  owing  to  the  possibility  of  an  invasion  by 
the  public  enemy,  which  may  interfere  with  the  expression 
of  the  popular  will  on  the  day  to  be  fixed  for  voting  on  this 
Constitution,  that  this  Convention,  when  it  adjourns  without 
day,  will  be  adjourned  subject  to  the  call  of  the  President, 
and  in  case  of  the  death  or  disqualification  of  the  President, 
(PI.  PI.  Goldsborough,)  Frederick  Schley,  of  Frederick  coun¬ 
ty,  Joseph  B.  Pugh,  of  Cecil  county,  Henry  Stockbridge,  of 
Baltimore  city,  Wm  T.  Purnell,  of  Worcester  county,  be 
and  they  are  hereby  authorized,  in  the  order  in  which  they 
are  named,  to  act  as  President,  and  call  the  Convention  to¬ 
gether  ; 

Which  was  read  the  first  time. 

Mr.  Ridgely  from  the  Committee  on  the  Schedule,  sub¬ 
mitted  the  following 

REPORT: 

The  Committee  on  the  Schedule  ask  leave  respecfully  to 
make  the  following  report : 

,  ARTICLE  — . 

Schedule. 

Section  1.  Every  officer  of  the  State,  the  entire  amount  of 
whose  pay,  or  compensation  received  for  the  discharge  of  his 
official  duties,  shall  exceed  the  yearly  sum  of  three  thousand 
dollars,  except  wherein  otherwise  provided  by  this  Constitu¬ 
tion,  shall  keep  a  book,  in  which  shall  be  entered  every  sum 
or  sums  of  money  received  by  him,  or  on  his  account,  as  a 
payment,  or  compensation  for  his  performance  of  official  du¬ 
ties,  a  copy  of  which  entries  in  said  book,  verified  by  the 
oath  of  the  officer,  by  whom  it  is  directed  to  be  kept,  shall 


601 

bo  returned  yearly  to  the  Treasurer  of  the  State,  for  his  in- 

each  oTsaMoffiee  *  7  G<T'al  Asserabl7  of  the  State,  and 
each  ot  said  officers,  when  the  amount  received  by  him  for 

the  year  sha  l  exceed  three  thousand  dollars,  shall  yearly 

pay  over  to  the  Treasurer  of  the  State,  the  amount  of  such 

therSe,by  ‘H  ,'eceir,ed’  Subj«ot  t0  such  disposition  thereof  as 
t  e  General  Assembly  may  direct.  Any  such  officer  failiiro- 

cated  hisy office  th,VyqUiS,itioa’  sha11  be  deemed  to  have  va¬ 
cated  his  office,  and  he  subject  to  suit  by  the  State  fnr  the 

amount  that  ought  to  be  paid  into  the  Treasury  ’ 

Sec.  2.  The  common  law,  and  statute  law,  now  in  force 
1  n?nnt°  :fPUgnan,t  t0+,th.is  Constitution,  shall ’remain  in  force’, 
the  General  Assembly?611'  °'V"  llmitatlou>  or  are  altered  by 

vid^'  fh.n11®  T6ral  eX°ept  as  herein  otherwise  pro- 

ltd,  snffil  continue  with  like  powers  and  jurisdiction,  both 

at  law  and  in  equity,  as  if  this  Constitution  had  not  been 
auopted  ana  until  the  organization  of  the  Judicial  Depart- 
raentj  piovicled  by  this  Constitution.  x 

Sec.  4  The  General  Assembly  shall  have  power  to  pass 
al  sue.  laws  as  may  be  necessary  and  proper  for  carrying 
into  execution  the  powers  vested  by  this  Constitution,  in  any 

department  or  office  of  the  Government,  and  the  duties  irm 
posed  upon  them  thereby. 

Sec.  5.  If  on  any  election  directed  by  this  Constitution, 
an,  two  or  more  candidates  shall  have  the  highest  and  equal 
number  of  votes,  a  new  election  shall  be  ordered,  except  in 
cases  specially  otherwise  provided  by  this  Constitution.  ' 

Sec.  6.  In  the  trial  of  all  criminal  cases,  the  Jury  may 
be  the  juages  of  law  as  well  as  fact.  ’ 

Sec.  T.  The  trial  by  jury  of  all  issues  of  fact  in  civil  pro¬ 
ceedings,  in  the  several  Courts  of  this  State,  where  "the 

pres'uved5066^8  ^  SUm  dV<3  do^ars’  sba^  be  inviolably 

Sec.  8.  The  General  Assembly  shall  have  power  to  reo-u- 
ate  by  law,  not  inconsistent  with  this  Constitution,  all  nfat- 
teis  which  relate  to  the  judges  of  election,  time,  place,  and 

manner  ot  holding  elections  in  this  State,  and  of  makin°-  re- 
turn  thereof.  ° 

Sec.  9  All  officers,  civil  and  military,  now  holding  office 
whether  by  election,  or  appointment  under  the  State,  shall 
continue  to  Hold  and  exercise  their  offices  according  to  their 
present  tenure,  unless  otherwise  provided  in  this  Constitution 
76 


602 


until  they  shall  be  superseded  pursuant  to  its  provisions  and 
until  their  successors  be  duly  qualified,  and  the  compensation 
of  such  officers  which  has  been  increased  by  this  Constitu¬ 
tion,  shall  take  effect  from  the  first  day  of  January,  1865. 

Vote  on  the  Constitution. 

Section.  1.  For  the  purpose  of  ascertaining  the  sense  of  the 
people  of  this  State,  in  regard  to  the  adoption  or  rejection  of 
this  Constitution,  the  Governor  shall  issue  his  proclamation 
within  five  days  after  the  adjournment  of  this  Convention  di¬ 
rected  to  the  Sheriff  of  the  ciity  of  Baltimore,  and  to  the  Sher¬ 
iffs  of  the  several  counties  of  this  State  commanding  them  to 
give  notice  in  the  manner  now  prescribed  by  law,  that  an 
election  will  be  held  in  the  city  of  Baltimore  and  in  the  sev¬ 
eral  counties  of  the  State,  at  the  usual  places  of  holding  elec¬ 
tions  in  said  city  and  counties,  for  the  adoption  or  rejection  of 
this  Constitution,  on  the  twelfth  day  of  October,  in  the  year 
eighteen  huudred  and  sixty-four,  which  election  shall  be  held 
between  the  hours  of  eight  o’clock,  A.  M.,  and  six  o’clock, 
P.  M.,  and  the  Judges  of  election  of  said  city,  and  of  the  sev¬ 
eral  counties  of  the  State,  shall  receive  at  said  election  the 
votes  only  of  such  electors  as  are  qualified  according  to  the 
provisions  of  this  Constitution,  who  may  offer  to  vote  at  such 
election,  and  the  said  Sheriffs  shall  also  give  notice  on  or  after 
the  twelfth  day  of  October,  eighteen  hundred  and  sixty-four, 
for  all  elections  provided  by  this  Constitution,  to  be  held  dur¬ 
ing  that  year. 

Sec.  2.  At  the  said  election,  the  vote  shall  be  by  ballot, 
and  each  ballot  shall  describe  thereon  the  words  u for  the  Consti¬ 
tution,”  or  “against  the  Constitution,”  as  the  voter  may  elect, 
and  it  shall  be  conducted  in  all  respects  as  the  general  elec¬ 
tions  of  this  State'are  now  conducted.  The  Judges  of  elec¬ 
tion  shall  administer  to  every  person  offering  to  vote,  the  oath 
or  affirmation  prescribed  by  this  Constitution,  and  should  any 
person  offering  to  vote  refuse  or  decline  to  take  said  oath,  he 
shall  not  be  permitted  to  vote  at  such  election,  but  the  taking 
of  such  oath  or  affirmation,  shall  not  be  deemed  conclusive 
evidence  of  the  right  of  such  person  to  vote;  and  it  shall  be 
the  duty  of  the  return  Judges  of  said  city,  and  of  the  several 
counties  of  the  State,  having  counted  the  votes  given  for  or 
against  the  adoption  of  this  Constitution,  to  certify  the  result 
thereof  in  the  manner  now  prescribed  by  law,  accompanied 
with  a  special  statement,  that  every  person,  who  has  voted, 
has  taken  the  oath  or  affirmation  prescribed  by  the  Constitu¬ 
tion;  and  the  Governor  upon  receiving  such  result  and  ascer¬ 
taining  the  aggregate  vote  throughout  the  State,  shall  by  his 
proclamation  make  known  the  same,  and  if  a  majority  of  the 


603 


votes  cast  shall  be  for  the  adoption  of  the  Constitution  it 
shall  go  into  effect  on  the  first  day  of  November,  eighteen 
hundred  and  sixty-four. 


Soldiers’  Vote 

Section  1.  Any  of  the  qualified  voters  of  this  State,  who 
shall  be  absent  from  the  county  or  city  of  his  residence  by 
reason  of  being  in  the  military  servico  of  the  United  States 
so  as  not  to  be  able  to  vote  at  home,  on  the  adoption  or  rejec¬ 
tion  of  this  Constitution,  or  for  all  State  officers  elected  on 
general  ticket,  and  for  Presidential  electors,  and  for  members 
or  Congress,  at  the  election  to  be  held  on  the  Tuesday  next 
alter  the  first  Monday  in  November,  eighteen  hundred  and 
sixty-four,  shall  be  entitled  to  vote  at  such  elections  as  follows: 
A  poll  shall  be  opened  in  each  Company  of  every  Maryland 
Regiment  in  the  service  of  the  United  States,  or  of  this  State, 
on  the  day  appointed  by  this  Convention,  for  taking  the  vote 
on  the  new  Constitution,  or  on  some  day  not  more  than  five 
days  thereafter,  at  the  quarters  of  the  commanding  officer 
thereof,  and  voters  of  this  Stafe  belonging  to  such  Company 
who  shall  be  within  ten  miles  of  such  quarters  on  the  day  of 
election,  may  vote  at  such  poll;  the  polls  shall  be  opened  at 
eight  o’clock,  A.  M.,  and  close  at  six  o’clock  P.  M.;  the  com¬ 
missioned  officers  of  such  Company  or  such  of  them  as  are 
present  at  the  opening  of  the  polls,  shall  act  as  Judges,  and 
any  one  officer,  shall  be  competent  so  to  act,  and  if  no  officer 
be  present,  then  the  voters  in  such  company  present,  shall 
eiect  two  of  the  voters  present  to  act  as  Judges  of  the  election; 
before  any  votes  are  received,  each  of  the  Judges  shall  take 
an  oath  or  affirmation,  that  he  will  perform  the  duties  of 
Judge  according  to  law,  will  prevent  fraud  and  observe  and 
make  proper  return  thereof,  and  such  oath  the  Judges  may 
administer  to  each  other;  the  election  shall  be  by  ballot,  and 
any  voter  may  vote  in  writing  either  “for  the  new  Constitui 
tion  or  against  the  new  Constitution.” 


Sec.  2..  The  Judges  may  swear  any  one  offering  to  vote,  or 
to  his  being  a  legal  voter  of  this  State.  The  Judges  shall 
take  down  on  a  poll  book  or  list  the  names  of  all  the  voters 
as  their  votes  are  taken,  and  the  tickets  shall  be  placed  in  a 
!j°x  as  taken  ;  after  the  polls  are  closed,  the  tickets  shall  be 
counted  and  strung  on  a  thread,  and  the  Judges  shall  make 
out  a  certificate,  which  they  shall  sign,  addressed  to  the  Go¬ 
vernor,  in  which  they  shall  state  that  they  have  taken  the 
oath  hereby  prescribed,  and  shall  certify  the  number  of  votes 
taken,  and  the  number  of  votes  for  and  against  tbe  Constitu¬ 
tion  ,  the  said  certificates  shall  be  accompanied  with  the 


604 


names  of  the  voters,  and  shall  be  plainly  expressed,  but  no 
particular  words  shall  be  required. 

Sec.  3.  The  Judges  shall,  as  soon  as  possible,  transmit  said 
returns,  with  the  tickets  so  strung,  to  the  Governor,  who 
shall  receive  the  returns  of  the  soldiers’  vote,  and  shall  cast 
up  the  same,,  and  judge  of  the  genuineness  and  correctness  of 
the  returns,  and  may  recount  the  threaded  tickets,  so  as  to 
satisfy  himself,  and  the  Governor  shall  count  said  vote  with 
the  aggregate  vote  of  the  State  on  the  adoption  or  rejection  of 
this  Constitution,  and  shall  wait  for  fifteen  days  after  the  day 
on  which  the  State  vote  is  taken,  so  as  to  allow  the  returns  of 
the  soldiers’  vote  to  be  made,  before  the  result  of  the  whole 
vote  is  announced.  The  Governor  shall  receive  the  returns 
of  the  soldiers’  vote  on  said  election  for  State  officers,  Presi¬ 
dential  electors,  and  members  of  Congress,  and  shall  count 
the  same  with  the  aggregate  home  vote  on  State  officers  and 
the  aggregate  home  vote  in  each  district  respectively  for  mem¬ 
bers  of  Congress. 

Sec.  4.  The  Governor  shall#  make  known  to  the  officers  of 
the  State  regiments  the  provisions  of  this  article  of  the 
schedule,  and  request  them  to  exercise  the  right  hereby  con¬ 
ferred  upon  them,  and  shall  take  all  means  proper  to  secure 
the  soldiers’  vote;  and  the  General  Assembly,  at  its  first  ses¬ 
sion  after  the  adoption  of  this  Constitution,  shall  make  proper 
appropriation  to  pay  any  expense  that  may  arise  herein. 

Sec.  5.  If  this  Constitution  shall  be  adopted  by  the  people, 
the  provisions  contained  herein  for  taking  the  soldiers’  vote 
on  the  adoption  of  the  Constitution,  shall  apply  to  all  elec¬ 
tions  to  be  held  in  this  State,  until  the  General  Assembly 
shall  otherwise  provide. 

Jas.  L.  Ridgely, 

Chairman, 
John  A.  Hopper, 

Peter  G.  Schlqsser, 

Joel  Hopkins. 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  Committee  on  the  Judiciary  Department. 

Mr.  Audoun  submitted  the  following  amendment: 

Section  — .  It  shall  be  the  duty  of  the  Judges  of  the  seve- 
ral  Orphans’  Courts  of  this  State,  before  they  shall  proceed 
to  bind  any  negroes  as  apprentices,  to  administer  to  the  party 
to  whom  he  or  she  is  to  be  bound,  the  same  oath  as  prescribed 
for  voters  by  this  Constitution,  in  the  article  on  the  Elective 


605 


Franchise,  and  upon  the  refusal  of  the  said  party  to  take  and 
subscribe  to  said  oath,  the  said  Courts  shall  hol'd  the  person 
so  refusing  to  be  an  unsuitable  person  to  have  charge  of  such 
negro  ;  and  the  fact  of  such  oath  having  been  taken  by  the 

party  to  whom  such  negro  has  been  bound,  shall  be  expressed 
in  the  indenture.  1 

Mr  Ridgely  moved  to  informally  postpone  the  considera¬ 
tion  of  the  amendment ; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Ridgely  demanded  the  yeas  and  navs; 

The  demand  being  sustained, 

The  yeas  and* nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

B1  acids  ton, 

Crawford, 

Duvall, 

Hodson, 

Holly  day, 

Horsey, 


Messrs. 


King, 

Lansdale, 

Lee, 

Markey, 

Mitchell, 

Morgan, 

Par  ran, 

Negative. 
Farrow, 


Goldsborough ,  P’ t  Galloway, 


Abbott, 

Annan, 

Audoun, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Ecker. 


Greene, 
Hatch , 
Hebb, 
Hoffman, 
Hopper, 
Mullikin, 
Murray, 
Negley, 
Nyman, 
Parker, 
Pugh, 


Ridgely, 

Smith,  of  Dor. 
Smith,  ofWor. 
Stockbridge, 
Thomas, 

Todd, 

Wilrner — 20. 


Purnell, 

Russell, 

Sands, 

Schley, 

Schlosser, 

Scott, 

Sneary, 

Stirling, 

Swope, 

Sykes, 
Wickard, 
Wooden — 37. 


,.  Sothe  question  upon  its  adoption  was  decided  in  the  neca- 
tive.  » 

The  question  recurring  upon  the  adoption  of  the  amend 
ment,  1 

Mr.  Audoun  demanded  the  yeas  and  nays 
The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


606 


Messrs . 

Affirmative. 

Greene, 

Russell, 

Goldsborough,  P’ 

t  Hatch, 

Sands, 

Abbott, 

Hebb, 

Schley, 

Annan, 

Audoun, 

Hoffman, 

Schlosser, 

Hopper, 

Scott, 

Brooks, 

King, 

Smith,  of  Wor., 

Carter, 

Markey, 

Sneary,  • 

Cunningham, 

Mullikin, 

Stirling, 

Cushing, 

Murrav, 

Stockbridge, 

Daniel, 

Neglev, 

Swope, 

Davis,  of  Wash., 

>  Nyman, 

Sykes, 

Dellinger, 

Parker, 

Thomas, 

Ecker, 

Pugh, 

Todd, 

Farrow, 

Purnell, 

Wickard, 

Galloway,  * 

Ridgely, 

Wooden — 44. 

Messrs. 

Negative. 

Holly  day, 

Morgan, 

Blackiston, 

Horsey, 

Parran, 

Crawford, 

Lansdale, 

Smith,  of  Dor., 

Duvall, 

Lee-, 

Wilmer — -13. 

Hodson, 

Mitchell, 

So  the  question 

upon  its  adoption 

was  decided  in  the 

affirmative. 

Mr.  Stirling  submitted  tlie  following  amendment : 

Sec.  — .  Any  person  who  shall,  after  this  Constitution  shall 
have  gone  into  effect,  detain  in  slavery  any  person  so  emanci¬ 
pated  by  the  provisions  of  this  Constitution,  shall,  on  convic¬ 
tion,  be  fined  not  less  than  five  hundred  dollars,  nor  more 
than  five  thousand  dollars,  or  be  imprisoned  not  more  than 
five  years;  and  any  of  the  Judges  of  this  State  shall  dis¬ 
charge,  on  habeas  corpus,  any  person  so  detained  in  slavery. 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Wilmer  demanded  the  yeas  and  nays, 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs.  Hatch, 

Gfoldsborough,  P’t  Hebb, 
Abbott,  Hoffman, 

Annan,  Hopper, 


Russell, 

Sands, 

Schley, 

Schlosser, 


607 


% 


Audoun, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Ecker, 

Galloway, 

Greene, 


King, 

Markey, 

Mullikin, 

Murray, 

Begley, 

Nyman, 

Parker, 

Pugh, 

Purnell, 

Bidgely, 


Scott, 

Smith,  ofWor., 
Sneary, 

Stirling, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Wickard, 
Wooden — 42. 


Messrs. 

Blackiston, 

Chambers, 

Crawford, 

Duvall, 

So  the  question 
mative. 


Negative. 

Hollyday, 

Horsey, 

Lansdale, 

Lee, 

Mitchell, 

upon  its  adoption 


Morgan, 

Par  ran, 

Smith,  of  Dor. 
Wilmer — 13. 


was  decided  in  the  affir- 


Upon  the  aforegoing  amendment  Mr.  Hodson,  of  Dorches- 
ter,  refused  to  vote. 

Mi .  Thomas  submitted  the  following  amendment  * 

Sec.  27..  Strike  out  all  after  the  word  “the,”  in  the  first 
line,  and  insert  the  following  : 

“Thirteenth  Judicial  Circuit  four  Courts,  to  be  styled  the  ‘Su¬ 
perior  Court  of  Baltimore  city;’  the  ‘Court  of  Common  Pleas 
tne  Circuit  Court  of  Baltimore  city  and  the  ‘Criminal 
Court  of  Baltimore  ;  each  Court  shall  consist  of  one  Jud-e 
who  shall  be  elected  by  the  legal  and  qualified  voters  of  said 
city,  and  shall  hold  their  offices  for  the  term  of  fifteen  years 
subject  to  tne  provisions  of  this  Constitution  with  regard  to 
t.ie  election  and  qualification  of  Judges  and  their  removal 

cifiecf0”06'  aiK^  S*la^  exerc'se  the  jurisdiction  hereinafter  spe- 

I 

Ihe  question  being  on  the  adoption  of  the  amendment, 

Mi .  Audoun  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs.  Farrow, 

Goldsborough,  P’t  Galloway, 


Bidgely, 

Sands, 


608 


Abbott, 

Annan, 

Audoun, 

Brooks, 

Carter, 


Marker, 

Morgan, 

Mullikin, 

Murray, 

Pugb, 


Hatch , 
Hebb, 


Hopper, 

f\  i  n  o’ 


Schley, 

Schlosser, 

Sneary, 

Stirling, 

Swope, 

Thomas, 

Todd, 

Wickard, 

W ooden — 34. 


Cunningham, 


Cushing, 

Daniel, 


Davis,  of  Wash. 
Ecker, 


Purnell, 


Negative. 


Messrs. 


Plollyday, 


Parker, 

Russell, 

Scott, 

Smith  of  Dor. , 
Smith,  of  Wor. 
Stoekbridge, 


Rlackiston, 

Chambers, 

Crawford, 

Dellinger, 

Duvall, 


Mitchell, 

Negley, 

Nyman, 


Horsey, 

Lansdale, 

Lee, 


Ho  if  in  an 


Wilmer — 20. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Daniel  submitted  the  following  amendment : 

Strike  out  the  28th  section  and  insert  : 

“See.  28.  The  Superior  Court  of  Baltimore  city,  shall  have 
jurisdiction  over  all  suits  where  the  debt  or  damage  claimed 
shall  exceed  the  sum  of  one  thousand  dollars,  and  in  case  anv 
plaintiff  or  plaintiffs  shall  recover  less  than  the  sum  or  value 
of  one  thousand  dollars,  he  or  they  shall  be  allowed  or  ad¬ 
judged  to  pay  costs  in  the  discretion  of  tho  Court.  The  said 
Court  shall  also  have  jurisdiction  as  a  Court  of  Equity 
within  the  limits  of  the  said  city,  and  in  all  other  civil  cases 
which  are  not  hereinafter  assigned  to  the  Court  of  Common 
Pleas,  and  shall  also  have  jurisdiction  in  all  cases  of  appeals 
from  the  Commissioner  for  opening  streets  ;  Provided  all 
cases  now  pending  on  the  Law  side  of  said  Court,  where  the 
debt  or  damage  claimed  is  less  than  one  thousand  dollars, 
shall  be  prosecuted  to  final  judgment  in  said  Court,  as  though 
its  jurisdiction  had  not  been  changed  ;  * 

Mr.  Stoekbridge  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  “one  thousand, ”  and  insert  “five  hundred 

Decided  in  the  negative. 

Mr.  Stoekbridge  submitted  the  following  amendment: 


609 


After  the  word  “claimed,” 
“exclusive  of  interest 


in  line  two,  insert  the  words 


Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Strike  out  the  words  “as  a  Court  of  Equity  within  the 
limits  of  the  said  city  and  ;” 

Decided  in  the  negative. 

i  I,  6  ?,Uesti?n  rec«rring  upon  the  amendment  submitted 
by  Mr.  Daniel ; 

It  was  decided  in  the  affirmative. 

Mi.  Thomas  submitted  the  following  amendment: 

Strike  out  sec.  29,  and  insert  the  following  : 

.  7®e.c-  .  Tlie  Court  of  Common  Pleas  shall  have  civil 

jurisdiction  m  all  suits  where  the  debt  or  damage  claimed,  ex¬ 
clusive  of  interest,  shall  be  over  one  hundred  dollars,  and  shall 
not  exceed  one  thousand  dollars;  and  shall  also  have  juris¬ 
diction  mall  ^  cases  of  appeal  in  civil  cases  from  the  mdg- 
ment  of  Justices  of  the  Peace  in  the  said  city,  and  shall  have 
jurisdiction  in  all  applications  for  the  benefit  of  the  insolvent 

laws  of  this  State,  and  the  supervision  and  control  of  the 
trustees  thereof.” 

Decided  in  the  affirmative. 

Mr.  Thomas  submitted  the  following  amendment : 

Sec,  30.  Strike  out  all  after  the  word  “shall,”  in  the  first 
line,  and  insert  the  following: 

o 

Have  jurisdiction  concurrent  with  the  Superior  Court  of 
altimore  city,  in  all  cases  in  equity,  in  cases  arising  under 
the  act  to  direct  descents  and  its  supplements,  and  shall  exer¬ 
cise  all  the  power  that  is  now  or  may  be  hereafter  conferred 
y  aw,  provided,  said  Couru  shall  not  have  jurisdiction  in 
applications  for  the  writ  of  habeas  corpus,  in  cases  of  persons 
charged  with  criminal  offenses;” 

Mr.  Stirling  submitted  the  following  amendment: 

Strike  out  the  words  “or  maybe  hereafter;” 

Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amendment 
submitted  by  Mr.  Thomas, 

It  was  decided  in  the  affirmative. 


610 


Mr.  Daniel  submitted  the  following  amendment: 
“Strike  out  section  31  ;” 

Decided  in  the  affirmative. 


Mr.  Thomas  submitted  the  following  amendment : 

Insert  as  section  31,  the  following: 

“Sec.  31.  The  Criminal  Court  of  Baltimore  city,  shall  have 
and  exercise  all  the  jurisdiction  now  held  and  exercised  by 
the  Criminal  Court  of  Baltimore,  except  in  cases  of  ap¬ 
peals  from  Commissioners  for  opening  streets,  and  shall  have 
jurisdiction  in  all  cases  of  appeals  from  Justices  of  the  Peace 
in  said  city,  for  the  recovery  of  fines,  penalties  and  forfei¬ 
tures;’ ? 

Decided  in  the  affirmative. 

Mr.  Abbott  submitted  the  following  amendment: 

Sec.  32,  line  two,  strike  out  the  words  “five  hundred.” 

Mr.  Negley  moved  to  amend  by  striking  out  “three  thou¬ 
sand  five  hundred,”  and  insert  “twenty-five  hundred;” 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Abbott ; 

Mr.  Abbott  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Galloway, 

Goldsborough,  P’t 

Greene, 

Abbott, 

Hebb, 

Annan, 

Hoffman, 

Audoun, 

Hollyday, 

Blackiston, 

Hopper, 

Brooks, 

Horsey, 

Chambers, 

Lansdale, 

Cushing, 

Lee, 

Daniel, 

Mar  key, 
Mitchell, 

Davis,  of  Wash., 

Dellinger, 

Mullikin, 

Ecker, 

Murray, 

Farrow, 

Nyman, 

Pugh, 

Purnell, 

Russell, 

Sands, 

Scott, 

Smith,  of  Wor., 
Sneary, 

Stirling, 

Sykes, 

Thomas, 

Todd, 

Wilmer — 39. 


611 


Negative. 


Messrs. 

Cunningham, 

Duvall, 

Hatch, 

King, 


Smith,  of  Dor., 


Negley, 

Parker, 

Ridgely, 


Stockbridge, 
Swope, 
Wickard, 
Wooden — 12 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Stirling  submitted  the  following  amendment  : 

Add  to  the  section  the  following: 

‘‘Provided  the  Mayor  and  City  Council  of  Baltimore  shall 
have  the  power  to  add  the  additional  sum  of  one  thousand 
dollars  to  the  salaries  of  each  of  said  Judges,  to  be  paid  by 
the  Mayor  and  City  Council  of  Baltimore;” 

Decided  in  the  negative. 

Mr.  Cushing  submitted  the  following  amendment: 

Add  to  the  section  the  following: 

“Provided,  the  Mayor  and  City  Council  of  Baltimore  shall 
add  the  additional  sum  of  one  thousand  dollars  to  the  salaries 
of  each  of  said  Judges,  to  be  paid  by  the  Mayor  and  City 
Council;” 

Decided'  in  the  negative. 

On  motion  of  Mr.  Cunningham, 

The  rules  were  suspended,  and  he  submitted  the  following 
order: 

Ordered,  That  when  this  Convention  adjourns  to-day,  it 
stands  adjourned  to  meet  on  Monday  next  at  12  o’clock. 

Mr.  Cushing  mmoved  to  strike  out  the  word  “twelve,” 
and  insert  “half-past  twelve  ;” 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  order, 

It  was  decided  in  the  affirmative. 

Mr.  Lansdale,  from  the  minority  of  the  Committee  on 
Schedule,  submitted  the  following  report: 

The  undersigned,  a  minority  of  the  members  of  the  com¬ 
mittee  on  Provisions  and  Ordinances  as  may  be  desirable  to 
carry  into  effect  Amendments  to  the  Constitution,  report  that 


612 


they  dissent  from  the  report  submitted  by  the  majority  of  the 
Committee. 

First.  Because  they  believe  the  authority  given  to  soldiers 
in  camp  to  vote  at  all  elections,  will  utterly  fail  to  have  the 
effect  proposed  by  those  who  advocate  the  measure;  on  the 
contrary,  as  the  undersigned  believe,  it  will  enable  the  offi¬ 
cers  who  command  the  soldiers,  to  control  the  votes  of  those 
who  feel  and  know  the  power  of  their  officers,  to  make  them 
suffer  in  various  ways  the  penalty  of  disobedience  to  their 
wishes.  To  a  soldier  on  duty,  the  first  great  lesson  taught, 
is  obedience  to  his  commanding  officer.  Military  necessity  re¬ 
quires  a  rigid  exaction  of  this  duty,  it  allows  of  no  discussion 
or  discretion.  To  fail  in  the  smallest  respect  insures  harsh 
treatment,  even  in  cases  where  martial  law  prescribes  no  specific 
penalty.  It  will  not  be  doubted  that  the  only  safe  approach 
to  the  favor  of  an  officer  is  to  gratify  his  wishes  by  voting  his 
ticket. 

Second.  But  whatever  may  be  the  propriety  of  taking  the 
votes  of  soldiers  or  their  officers,  the  undersigned  cannot  permit 
themselves  to  doubt  of  the  concurrence  of  the  Convention  in 
their  determined  opposition  to  so  much  of  the  report  of  the 
majority  as  provides  for  the  immediate  operation  of  portions 
of  the  Constitution  before  its  adoption  by  the  people.  Surely 
if  any  one  proposition,  in  regard  to  our  proceedings  was  uni¬ 
versally  accepted  by  all  who  voted,  whether  tor  or  against  a 
Convention,  it  was  this,  that  its  work  was  to  be  submitted  to 
and  accepted  by  the  people  of  the  State  before  it  should|have 
any  effect.  Yet  the  majority  propose  that  now  at  the  very 
moment  when  the  question  of  adoption  is  being  taken,  in  the 
very  act  of  taking  that  question,  the  people  shall  be  bound  and 
governed  by  it,  so  far  as  it  relates  to  some  of  its  most  important 
and  vital  changes  of  the  existing  system  of  government.  What 
a  strange  spectacle  would  be  exhibited  if  the  provisions  now 
proposed  should  be  enforced  as  part  of  the  new  Constitution, 
in  direct  opposition  to  the  existing  Constitution,  and  yet  the 
result  show  that  the  people  will  not  accept  the  new  Constitu¬ 
tion  ?  The  present  Constitution  exists  until  the  new  one  is 
adopted.  How  then  can  the  provisions  of  the  present  Con¬ 
stitution  be  violated,  or  interfered  with,  until  the  new  one 
has  an  existence  by  the  adoption  of  the  people?  The  great 
purpose  of  the  majority  seems  to  be,  to  deprive  those  who 
form  the  constituency  of  this  Convention  of  the  privilege  se¬ 
cured  to  them  by  the  present  Constitution  of  passing  upon 
the  work  of  this  body,  and  to  this  end,  by  newly  contrived 
oaths  and  by  the  aid  of  the  military,  to  confirm  their  proceed¬ 
ings.  For  these  amongst  other  reasons,  the  undersigned 


613 


protest  against  the  Report  in  the  particulars  mentioned  All 
which  is  respectfully  submitted,  &c. 

Tiios.  Lansdale, 

A.  J.  Crawford. 

Which  was  read. 

On  motion  of  Mr.  Cushing, 

The  Convention  adjourned. 


MONDAY,  August  29th,  1864. 

The  Convention  met  at  12  o’clock,  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

All  the  members  present  except  tne  following  i 

Messrs.  Barron,  Belt,  Berry,  of  Baltimore  county,  Berry 
of  Prince  George’s,  Brown,  Clarke,  Crawford,  Dail,  Dent 
Ede'en’  &ale,  Harwood,  Henkle,  Horsey,  Johnson.  Jones’ 
ot  Cecil  Jones,  of  Somerset,  Lansdale,  Mace,  Marburv’ 
Mayhugh  Mitchell  Noble,  Peter,  Pugh,  Kidgely,  Robinette,’ 

Sands,  Schlosser,  Smith,  of  Carroll,  Smith,  of  Dorchester, 
Ihruston — 32.  ? 

The  proceedings  of  Saturday  were  read  and  approved. 

On  motion  of  Mr.  Valliant, 


Jt  was  ordered  to  be  entered  on  the  Journal,  that  Mr  Geo 
Vv.  Sands,  is  detained  from  his  seat  in  the  Convention  by 
business  connected  with  the  coming  draft.  J 

Mr.  Mulliken  submitted  the  following  order  : 

Ordered,  That  until  the  final  adjournment  of  the  Conven¬ 
tion,  three  sessions  daily  shall  be  held,  commencing  at  half- 
past  nine  o’clock,  A.  M.,  half-past  three  o’clock,  P.  M.,  and 

Mr.  Audoun  moved  to  lay  the  order  on  the  table  ; 

The  question  being  on  the  adoption  of  the  motion; 


A 


614 


Mr.  Hebb  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Duvall, 

Barker, 

Audoun, 

Hodson, 

Parr  an, 

Billingsley, 

Hoffman, 

Sneary, 

Blackiston, 

Hollyday, 

Stirling, 

Bond, 

King, 

Stockbridge, 

Briscoe, 

Larsh, 

Sykes, 

Todd, 

Carter, 

Lee, 

Cunningham, 

Miller, 

Yalliant,  • 

Davis,  of  Charles, 
Dennis, 

Nyman, 

Negative. 

Wilmer — 27. 

Messrs. 

Harrow, 

Murray, 

Goldsborough,  Ft. 

Galloway, 

Negley, 

Abbott, 

Greene. 

Purnell, 

Annan, 

Hatch, 

Bussell, 

Baker, 

Hebb, 

Schley, 

Brooks, 

Hopkins, 

Scott, 

Cushing, 

Hopper, 

Smith,  of  Wor., 

Daniel, 

Keefer, 

Swope, 

Davis,  of  Wash. 

Kennard, 

Thomas, 

Dellinger, 

Markey, 

Wickard, 

Earle, 

Eeker, 

Me  Comas, 
Mullikin, 

Wooden — 34, 

So  the  question  upon  its  adoption 
negative. 

was  decided  in  the 

# 

The  question  recurring  upon  the  adoption  of  the  order, 

Mr.  Mulliken  demanded  the  yeas  and 
The  demand  being  sustained, 

navs, 

V  J 

The  yeas  and  nays 

were  called,  and  appeared  as  follows  : 

Affirmative. 

Messrs. 

Galloway, 

Murray, 

G-oldsborough,  P’t. 

Greene, 

Negley, 

Abbott, 

Hatch, 

Purnell, 

Annan, 

Hebb, ' 

Bussell, 

Baker, 

Hopkins, 

Schley, 

Daniel, 

Hopper, 

Scott, 

Davis,  of  Wash., 

Keefer, 

Smith,  of  Wor., 

615 


Dellinger, 

Earle, 

Ecker, 

Farrow, 


Messrs. 

Audoun, 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Davis,  of  Charles, 

So  the  question 
affirmative. 


Kennard, 

Markey, 

McComas, 

Mullikin, 

Negative. 

Dennis, 

Duvall, 

Hodson, 

Hoffman, 

Hollyday, 

King  " 

Larsh, 

Lee, 

Miller, 

Morgan, 

Nyman, 

upon  its  adoption 


Stockbridge, 
Swope, 
Wickard, 
Wooden — 32. 


Parker, 

Parran, 

Sneary, 

Stirling, 

Sykes, 

Thomas, 

Todd, 

Turner, 

Valliant, 

Wilmer — 31. 

was  decided  in  the 


Ml*  Yalnant  submitted  the  following  order  i 

Ordered,  That  the  Comptroller  of  the  Treasury  be  and  is 
hereby  authorized  and  empowered  to  contract  for  the  print¬ 
ing  of  six  tiiousand  copies  of  the  Constitution,  and  that  the 
Librarian  he  directed  to  distribute  the  same  amon^  the  mem- 
bers,  as  early  as  practicable  after  the  adjournment  without 

day  of  the  Convention,  and  that  the  cost  of  said  distribution 
be  paid  by  the  Comptroller. 

On  motion  of  Mr.  Stockbridge, 

The  consideration  of  the  order  was  postponed  until  to¬ 
morrow. 


The  Convention  proceeded  to  the  consideration  of  the 
ifepoi  t  of  the  Committee  on  the  Judiciary. 

Mr.  Thomas  submitted  the  following  amendment  : 

Strike  out  section  33,  and  insert : 

Sec.  33.  There  shall  be  a  Clerk  of  the  Superior  Court  of 
Baltimore  city,  and  a  Clerk  of  the  Circuit  Court  of  Baltimore 
city,  and  a  Clerk  of  the  Court  of  Common  Pleas  ia  Baltimore 
city,  and  a  Clerk  of  the  Criminal  Court  of  Baltimore  citv 
and  each  of  the  said  Clerks  shall  be  elected  by  the  leo-al 
and  qualified  voters  of  said  city,  and  shall  hold  his  office  for 
six  years  from  the  first  day  of  January  succeeding  his  elec- 
tion  and  until  his  successor  is  elected  and  qualified,  and  be 
re-eligible  thereto,  subject  to  be  removed  for  wilful  ne«'lect 


616 


of  duty  or  other  misdemeaner  in  office  on  conviction  in  a 
Court  of  Law.  In  case  of  a  vacancy  in  the  office  of  a  Clerk 
of  any  of  said  Courts  the  Judge  of  the  Court,  of  which  he 
was  Clerk,  shall  have  the  power  to  appoint  a  Clerk  until  the 
general  election  for  county  officers  held  next  thereafter. 

Decided  in  the  affirmative. 

Mr.  Thomas  submitted  the  following  amendment : 

Strike  out  section  34,  and  insert  the  following  : 

“Sec.  34.  The  present  Clerk  of  the  Superior  Court,  of  Bal¬ 
timore  city,  and  of  the  Court  of  Common  Pleas,  in  Balti¬ 
more  city,  and  of  the  Criminal  Court,  of  Baltimore,  shall 
continue  to  act  as  Clerks  of  said  Courts  respectively,  during  the 
time  for  which  they  were  severally  elected,  and  in  case  of  the 
death,  resignation  or  disqualification  of  either  of  said  Clerks 
before  the  expiration  of  the  time  for  which  they  were  elected, 
the  Judge  of  the  Court,  where  such  death,  resignation  or  other 
disqualification  may  occur,  shall  have  the  power  to  appoint  a 
Clerk  as  provided  by  the  33rd  section  of  this  Article.  The 
present  Clerk  of  the  Circuit  Court  of  Baltimore  city,  shall 
continue  to  act  as  Clerk  of  said  Court,  until  the  first  election 
for  county  officers,  next  after  the  adoption  of  this  Constitu¬ 
tion,  when  a  Clerk  of  said  Court  shall  be  elected  in  the  same 
manner,  and  hold  his  office  for  the  same  time,  and  be  subject 
to  the  same  provisions  of  this  Constitution  as  the  Clerks  of 
the  Courts  in  said  city 

Decided  in  the  affirmative. 

Mr.  Thomas  submitted  the  following  amendment : 

Strike  out  section  35,  and  insert : 

Sec.  35.  That  Clerk  of  the  Court  of  Common  :'Pleas,  shall 
have  authority  to  issue  within  said  city,  all  marriage  and 
other  licences  required  by  law,  subject  to  such  provisions  as 
the  Legislature  have  now  or  may  hereafter  prescribe,  and  the 
Clerk  of  the  Superior  Court  of  said  city  shall  have  the  custody  of 
all  deeds,  conveyances  and  other  papers  now  remaining  in 
the  office  of  said  Court,  and  shall  hereafter  receive  and  record 
all  deeds,  conveyances  and  other  papers  which  are  required 
by  law  to  be  recorded  in  said  city.  He  shall  also  have  custo¬ 
dy  of  all  other  papers  connected  with  the  proceedings  on  the 
Law  or  Equity  side  of  Baltimore  County  Court,  and  of  the 
dockets  thereof  so  far  as  the  same  have  relation  to  the  city  of 
Baltimore  ; 

Decided  in  the  affirmative. 


617 


Mr.  Thomas  submitted  the  following  amendment : 

Strike  out  section  36. 

Decided  in  the  affirmative. 

i*li .  Ilebb  submitted  the  following  amendment: 

Insert  as  an  additional  section,  to  follow  section  21,  the 
following  : 

The  present  Judges  of  the  Circuit  Courts  shall  continue  to 
act  as  Judges  of  the  respective  Circuit  Courts  within  the  Ju¬ 
dicial  Circuits  in  which  they  respectively  reside,  until  the 
expnation  of  the  term  for  which  they  were  respectively 
elected,  and  until  their  successors  are  elected  and  qualified 
viz  the  present  Judges  of  the  first,  second,  third,  fourth, 
sixth  and  eighth  Judicial  Circuits,  as  organized  at_  the  time 
0  J  ie  a(i°Pljion  of  this  Constitution,  shall  continue  to  act  as 
Judges  respectively  of  the  first,  second,  fourth,  fifth,  ninth 
and  twelfth  Judicial  Circuits,  as  organized  under  this  Consti¬ 
tution;  and  an  election  for  Judges  of  the  third,  sixth,  seventh, 
eighth,  tenth  and  eleventh  Judicial  Circuits  shall  be  held  on 
luesday  next  after  the  first  Monday  of  November,  eighteen 
hundred  and  sixty-four. 

On  motion  of  Mr.  Stockbridge, 

The  consideration  of  the  amendment  was  postponed  until 
to-morrow. 

Mr.  Thomas  submitted  the  following  amendment : 

Sec.  .  The  Legislature  shall,  whenever  it  may  think  the 
same  proper  and  expedient,  provide  by  law  another  Court  for 
the  city  of  Baltimore,  to  consist  of  one  Judge,  to  be  elected 
by  the  legal  and  qualified  voters  of  said  city,  who  shall  be 
subject  to  the  same  ^constitutional  provisions,  hold  his  office 
lor  the  same  term  of  years,  and  receive  the  same  compensa¬ 
tion  as  the  Judge  of  the  Superior  Court  of  said  city,  and  said 
Court  shall  have  such  jurisdiction  and  powers  as  may  be  pre¬ 
scribed  by  law  ;  and  the  General  Assemblv  may  reapportion 
the  civil  jurisdiction  among  the  several  Courts  in  Baltimore 
city,  from  time  to  time,  as  in  their  judgments  the  public  in¬ 
terest  and  convenience  may  require  ; 

Decided  in  the  affirmative. 

Mi .  Audoun  submitted  the  following*amendment : 

Strike  out  section  37,  and  insert : 

Sec.  37.  The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  Constitution,  shall  fix  the  number  of  Justices 
78 


/ 


618 


of  the  Peace  and  Constables  for  each  ward  of  the  city  of  Bal¬ 
timore,  and  for  each  election  district  in  the  several  counties, 
who  shall  be  elected  by  the  legal  and  qualified  voters  thereof, 
respectively,  at  the  next  general  election  for  county  officers 
thereafter,  and  shall  hold  their  offices  for  two  years  from  the 
time  of  their  election,  and  until  their  successors  in  office  are 
elected  and  qualified  ;  and  the  General  Assembly  may,  from 
time  to  time,  increase  or  diminish  the  number  of  Justices  of 
the  Peace  and  Constables  to  be  elected  in  the  several  wards 
and  election  districts,  as  the  wants  and  interests  of  the  people 
may  require.  They  shall  be,  by  virtue  of  their  offices,  con¬ 
servators  of  the  peace  in  the  said  counties  and  city  respec¬ 
tively,  and  shall  have  such  duties  and  compensation  as  now 
exist,  or  may  be  provided  for  by  law.  In  the  event  of  any 
two  or  more  persons  who  shall  have  the  highest  and  an  equal 
number  of  votes,  or  a  vacancv  in  the  office  of  a  Justice  of  the 
Peace,  the  Governor  shall  appoint  a  person  to  serve  as  Justice 
of  the  Peace  until  the  next  regular  election  of  said  officers, 
and  in  case  any  two  or  more  persons  who  shall  have  the 
highest  and  an  equal  number  of  votes,  or  of  a  vacancy  in 
the  office  of  Constable,  the  County  Commissioners  of  the 
county  in  nvhich  a  vacancy  may  occur,  or  the  Mayor  and 
City  Council  of  Baltimore,  as  the  case  may  be,  shall  appoint 
a  person  to  serve  as  Constable  until  the  next  regular  elec¬ 
tion  thereafter  for  said  officers.  An  appeal  shall  lie  in  all 
civil  cases  from  the  judgment  of  a  Justice  of  the  Peace  to  the 
Circuit  Court  of  the  county,  or  to  the  Court  of  Common  Pleas 
of  Baltimore  city,  as  the  case  may  be,  or  if  for  the  recovery 
of  a  fine,  penalty  or  forfeiture,  to  the  Criminal  Court,  and  on 
all  such  appeals,  either  party  shall  be  entitled  to  a  trial  by 
jury,  according  to  the  laws  now  existing,  or  which  may  be 
hereafter  enacted  ;  and  the  Mayor  and  City  Council  of  Bal¬ 
timore  shall  have  the  exclusive  power  to  create,  organize  and 
govern  such  Police  force  for  the  good  government  of  said 
city  as  they  may  deem  necessary; 


Mr.  Daniel  moved  to  informally  postpone  the  considera¬ 
tion  of  the  amendment; 

Decided  in  the  negative. 


The  question  then  being  on  the  adoption  of  the  amend¬ 
ment, 

Mr.  Stockbridge  submitted  the  following  amendment: 

Sec.  37.  Strike  out  from  c ‘Superior, 7  \  in  line  three,  to 
“Court,”  in  line  four  inclusive,  and  insert:  “Court  of  Com¬ 
mon  Pleas,  and  of  the  Criminal  Court,;” 

Decided  in  the  affirmative. 


619 


Briscoe  submitted  the  following  amendment: 

Strike  °ut  section  3T  down  to  the  w^rd  “require,”  in  the 
sixth  line  and  insert : 

“The  County  Commissioners  of  the  several  counties  of  this 
state  shall  appoint  in  each  election  district  of  the  several 
counties,  and  the  Mayor  and  City  Council  of  the  city  of  Balti¬ 
more,  shall  appoint  for  the  city  of  Baltimore,  such  number  of 
Justices  or  Lie  Peace  and  Constables  as  the  wants  and  inter¬ 
ests  or  the  people  may  require;’" 

Decided  in  the  affirmative. 

^li .  Killing  suomitted  the  following  amendment: 

Strikeout  the. words  “as  the  wants  and  interests  of  the 
people  may  require,”  and  insert  “as  now  are,  or  may  here- 
auer  be  axed  by  the  General  Assembly;” 

Decided  in  the  affirmative. 


-Mr.  Stockbridge  submitted  the  following  amendment:" 

In  line  eight,  after  “Peace,”  insert  “and  Constables;” 
Decided  in  the  affirmative. 

Pui .  1  ho  mas  submitted  the  following  amendment: 

After  the  word  “law,”  in  the  thirteenth  line  insert; 

aI!li  'tje  subject  to  removal  by  the  Judge  of  the  coun¬ 
ty  or  city  haying  Criminal  jurisdiction,  for  willful  neglect  of 

duty  or  misdemeanor  in  office  on  conviction  in  a  Court  of 
Law; 


Decided  in  the  affirmative. 

The  question  then  recurring  upon  the  adoption  of  the 
amendment  submitted  by  Mr.  Audoun  ; 

Stock  budge  submitted  the  following  amendment: 

Strikeout  all  after  the  word  “enacted,”  in  line  twentv- 
seven;  J 


Decided  in  the  affirmative. 


Mi.  J.  nomas  submitted  the  following  amendment: 

After  the  word  “law,”  in  the  first  line  insert: 

“And  shall  be  subject  to  be  removed  by  the  Judge  of  the 
county  or  city  having  Criminal  jurisdiction,  for  willful  neglect 

of  duty  or  misdemeanor  in  office,  on  conviction  in  a  Court  of 
Law;” 


620 


Decided  in  the  affirmative. 

Mr.  Thomas  submit^d  the  following  amendment: 

Strike  out  “or  Constables/’  whenever  it  occurs; 

Decided  in  the  negative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

After  the  word  “for,”  and  before  the  word  “wilful,”  in¬ 
sert  the  word  “incompetency 

Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  of  Mr.  Audoun,  as  amended  ; 

Mr.  Daniel  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Ecker, 

Nyman, 

Annan, 

Hatch , 

Sneary, 

Audoun, 

Hoffman, 

Stockbridge, 

Blackiston, 

Keefer, 

Swope, 

Brooks, 

Kennard, 

Thomas, 

Wickard, 

Cunningham, 

Larsh, 

Davis,  of  Wash., 

Morgan , 

Wooden — 21. 

Dellinger, 

Negative. 

Messrs. 

Galloway, 

Parker, 

G-oldsborough,  P’t 

Greene, 

Parran, 

Purnell, 

Abbott, 

Hebb, 

Baker, 

Hollyday, 

Russell, 

Billingsley, 

Hopkins, 

Schley, 

Briscoe, 

Hopper, 

Scott, 

Carter, 

King, 

Smith,  of  Wor., 

Chambers, 

Lee, 

Stirling, 

Daniel, 

McComas, 

Svkes,. 

Davis,  of  Charles, 

Miller, 

Todd, 

Duvall, 

Mullikin, 

Turner, 

Valliant, 

Earle, 

Murray, 

Farrow, 

Negley, 

Wilrner — 38. 

So  the  question  upon  its  adoption 
negative. 

was  decided  in  th 

Mr.  Daniel,  submitted  the  following 
tion  3 7  : 

amendment  to  sec 

621 


.Strike  out  the  words  “Justices  of  the  Peace  and,”  and  in- 
sert  after  the  word  “Constables,”  “and  the  Judges  of  the 
C.iciii,  Courts  of  the  several  counties,  and.-the  Judges  of  the 
Conn;  o.  Common  Pleas  and  the  Criminal  Court  of  Baltimore 
city,  such  a  number  of  Justices  of  the  Peace  ;” 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Purnell, 

I  he  Convention  took  a  recess  until  half-past  three  o’clock. 


AFTERNCCN  SESSION. 

The  Convention  met  at  3i  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

Messrs.  Audoun,  Barron,  Belt,  Berry,  of  Baltimore  county , 
Berry,  of  I  nnce  George  s,  Billingsley,  Bond,  Briscoe,  Brooks 
Brown  Carter,  Chambers,  Clarke,  Crawford,  Cunningham 

Henkl^Hod  Dent^Edelen-  «ale’  Galloway,  Harwood,  Hatch,’ 
Ilenklt,  Hudson,  Horsey,  Johnson,  Jones,  of  Cecil,  Jones 

oi  Somerset,  Kennard,  King;  Lansdale,  Larsli,  Mace,  Mar- 

bury,  Markey,  Mayhugh,  Mitchell,  Miller,  Mullikin,  Noble 

Smitlf’rPp1’  PngQ  ®!dSelJ>  Robinette,  Sands,  Schlosser’ 

vfn-  ’ t  wa70iv  ot  Dorchester,  Thruston,  Todd, 

\  alliant,  Wickard,  Wilmer — 55. 

Mr.  Farrow  moved  a  call  of  the  Convention; 

The  motion  being  sustained, 

Tne  roll  was  called,  and  the  following  members  responded: 

Messrs.  Goldsborough,  (President,)  Abbott,  Annon,  Baker 
Black, ston,  Cushing,  Dav.s,  of  Charles,  Davis,  of  Washin- 
tou,  Dellinger  Dennis,  Duvall,  Earle,  Ecker  Farrow 
Greene,  Hebb,  Hoffman,  Hollyday,  Hopkins,  Hopper,  Keefer’ 
Lee,  McGomas,  Morgan,  Murrav,  Ne^lev  Ivnr  n  p  J 
Purnell,  Russell  Schley,  Scott,  Smith,  of  Worcester  Snearv’ 

Wooden j9?CkbridSe’  Sw°Pe’  ^  Thomas!  Turner,’ 
Cn  motion  of  Mr.  Farrow, 


622 


The  Sergeant-at-Arms  was  sent  after  the  absent  members. 

The  Sergeant-at-Arms  returned  and  reported  that  he  had 
notified  all  the  absentees  he  could  find  in  the  city. 

The  roll  was  again  called,  and-  the  following  members  re¬ 
sponded  : 

Messrs.  Goldsborotigh,  (President,)  Abbott,  Annan,  Au- 
doun,  Baker,  Billingsley,  Blackiston,  Bond,  Briscoe,  Carter, 
Chambers,  Cunningham,  Cushing,  Bail,  Daniel,  Davis,  of 
Charles,  Davis,  of  Washington,  Dellinger,  Dennis,  Duvall, 
Earle,  Ecker,  Farrow,  Galloway,  Greene,  Hatch,  Hebb, 
Hoffman,  Hollyday,  Hopkins,  Hopper,  Keefer,  Kennard, 
King,  Larsh,  Lee,  Markey,  McComas,  Morgan,  Mullikin, 
Murray,  Hegley,  Nyman,  Parker,  Parran,  Purnell,  Russell, 
Schley,  Scott,  Smith,  of  Worcester,  Sneary,  Stirling,  Stock- 
bridge,  Swope,  Sykes,  Thomas,  Todd,  Turner,  Valliant,  Wick- 
ard,  Wooden — 60. 

On  motion  of  Mr.  Stockbridge, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  Committee  on  the  Judiciary  Department. 

The  question  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Daniel, 

Mr.  Negiey  submitted  the  following  amendment  to  the 
amendment : 

Strike  out  ‘‘Judges  of  the  Circuit  Court  of  the  several  coun¬ 
ties,  and  the  Judges  of  the  Court  of  Common  Pleas  and  the 
Criminal  Court  of  Baltimore  city,’7  and  insert  “the  Governor 
by  and  with  the  advice  and  consent  of  the  Senate;” 

Decided  in  the  affirmative. 


The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Daniel;  y 

Mr.  Morgan  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Annan, 

Baker, 

Bond, 


Affirmative. 

Greene, 

Hebb, 

PI  oily  day, 
Hopkins, 


Parker, 

Purnell, 

Russell, 

Schley, 

V  s 


623 


Chambers, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash. 
Earle, 

Galloway, 


Hopper, 

Lee, 

McComas, 

Miller, 

Mullikin, 

Murray, 

Hyman, 


Negative. 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Audoun, 

Billingsley, 

Blackiston, 

Briscoe, 

Carter, 

Dellinger, 

Duvall, 


Ecker, 

Farrow, 

Hatch, 

Hoffman, 

Keefer, 

Kennard, 

King, 

Larsh, 

Marke  v , 


Scott, 

Smith,  of  Wor. , 
Sneary, 

Stirling, 

Swope, 

Sykes, 

Todd — 31. 


Morgan, 

Begley, 

Parran, 

Stockbridge, 

Thomas, 

Turner, 

Valliant, 

Wickard, 

Wooden — 27. 


So  the  question  upon  its  adoption 
affirmative. 


was  decided  in  the 


All.  Miller  submitted  the  following  amendment  : 

Strike  out  all  alter  the  word  ffrecniire  ”  in  tho  c+i-,  i*  j 
the  word  “the,”  in  the  9th  line  1  '*ne  t0 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment  • 

»r;t  xt  f:x 

tency';’'BrlSOOe  m°Ved  t0  Stl'ike  0ut  the  word  “incompe- 
Decided  in  the  negative. 

*5fe SSSds”'””®  "f0" tk«  —7-  ■*■>« 

It  was  decided  in  the  affirmative. 
reacT-'  Hetb  movecl  to  transPose  the  amendment  so  as  to 


“Sec.  37.  The  Governor  by 
Senate,  shall  appoint  such 
Peace,  &c.” 


and  with  the  consent  of  the 
number  of  Justices  of  the 


624 


Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  section  as 
amended,  to  wit : 

Sec.  37.  The  Governor  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  such  number  of  Justices  of  the 
Peace,  and  the  County  Commissioners  of  the  several  counties, 
and  the  Mayor  and  Council  of  the  city  of  Baltimore  shall 
appoint  such  number  of  Constables  for  the  several  Election 
Districts  of  the  counties  and  Wards  of  the  city  of  Baltimore, 
as  are  now  or  may  hereafter  be  prescribed  by  law,  and  Justi¬ 
ces  of  Peace  and  Constables  so  appointed  shall  be  subject  to 
removal  by  the  Judge  having  criminal  jurisdiction  in  the 
county  or  city,  for  incompetency,  willful  neglect  of  duty, 
or  misdemeanor  in  office,  on  conviction  in  a  Court  of  law. 
The  Justices  of  the  Peace  and  Constables  so  appointed  and 
commissioned,  shall  be  conservators  of  the  peace,  shall  hold 
their  office  for  two  years,  and  shall  have  such  jurisdiction, 
duties  and  compensation,  subject  to  such  right  of  appeal,  as 
hath  been  heretofore  exercised,  or  shall  be  hereafter  prescrib¬ 
ed  by  law.  ” 

Mr.  Thomas  demanded  the  yeas  and  nays. 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Gallowav, 

Nyman, 

Goldsborough,P5t 

Greene, 

Purnell, 

Abbott, 

Hatch, 

Russell, 

Annan, 

Hebb, 

Schley, 

Audoun, 

Holly  day, 

Scott, 

Baker, 

Hopkins, 

Smith,  of  Wor. 

Bond, 

Hopper, 

Stirling, 

Chambers, 

Lee, 

Stockbridge, 

Cunningham, 

Mar  key, 

Swope, 

Cushing, 

McComas, 

Sykes, 

Daniel, 

Miller, 

Thomas, 

Earle, 

Mullikin, 

Todd, 

Earrow, 

Murray, 

Negative. 

Yalliant — 38. 

Messrs. 

Hoffman, 

Parker, 

Billingsley, 

Keefer, 

Par  ran, 

Sneary, 

Blackiston, 

Kennard, 

Briscoe, 

King, 

Turner, 

Wickard, 

Davis,  of  Wash., 

Larsh , 

Duvall, 

Morgan, 

Negley, 

Wooden — 19. 

Ecker, 

625 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr  Thomas  moved  that  the  Convention  take  a  recess  until 
o  o  clock  ; 

Decided  in  the  negative. 

Mr.  Briscoe  moved  that  the  Convention  adjourn. 

On  motion  of  Mr.  Ilebb, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Barron  Belt,  Berry,  of  Baltimore  county,  Berry 
ot  P.  George  s,  Billingsley,  Blackiston,  Bond,  Briscoe,  Brooks’, 
Brown,  Chambers,  Clarke,  Crawford,  Dail,  Davis,  of  Charles, 
Dennis,  Dent,  Duvall,  Edelen,  Gale,  Harwood,  Ilenkle  Hod- 
son,  Horsey,  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset, 
Lansdale,  Lee,  Mace,  Marbury,  Mayhugh,  Mitchell,  Miller 
Morgan  Noble,  Parran,  Peter,  Ridgely,  Robinette,  Schlosser 

Smith,  of  Carroll,  Smith,  of  Dorchester,  Thruston,  Turner 
Wiliner — 46.  t  ’ 

The  Convention  resumed  the  consideration  of  the  report 
ot  the  Committee  on  the  Judiciary  Department. 

Mi .  1  homas  submitted  the  following  amendment  ; 

Sec.  38.  Strike  out  all  after  the  word  “qualified”  in  the 
sixth  line,  to  “shall/’  in  the  same  line;  ? 

Decided  in  the  affirmative. 

Mi.  IS egley  submitted  the  following  amendment; 

Sec  38,  line  five,  strike  out  the  word  “two,”  and  insert  the 
word  “four;” 

Decided  in  the  negative. 

79 


626 


On  motion  of  Mr.  McComas,  (seconded  by  Messrs.  Annon 
and  Abbott,) 

The  vote,  by  which  the  amendment  submitted  by  Mr. 
Thomas  was  adopted,  was  reconsidered. 

The  question  recurring  upon  the  adoption  of  the  amendment, 
submitted  by  Mr.  Thomas,  to  strike  out  the  words  “and  shall 
be  ineligible  for  two  years  thereafter;” 

It  was  decided  in  the  negative. 

Mr.  Hebb  submitted  the  following  amendment : 

At  the  end.  of  12tli  section  insert: 

“The  present  Chief  Justice  and  Associate  Justices  of  the 
Court  of  Appeals  shall  continue  to  act  as  such  until  the  ex¬ 
piration  of  the  term  for  which  they  were  respectively  elected, 
and  until  their  successors  are  elected  and  qualified;  and  an 
election  for  a  Judge  of  the  Court  of  Appeals,  to  be  taken 
from  the  fourth  Judicial  District  shall  be  held  on  Tuesday 
next  after  the  first  Monday  of  November,  eighteen  hundred 
and  sixty-four;” 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Insert  as  an  additional  section  the  following: 

“Sec  24.  In  case  of  the  death,  resignation,  removal  or 
other  disqualification  of  a  Judge  of  an  Orphans’  Court,  the 
Governor  by,  and  with  the  advice  and  consent  of  the  Senate, 
shall  apoint  a  person  duly  qualified  to  fill  said  office  for  the 
residue  of  the  term  thus  made  vacant;” 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Stockbridge, 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  Committee  on  the  Militia  and  Military  Affairs. 

Mr.  Russell  submitted  the  following  amendment : 

Section  1.  Add  at  the  end,  “but  persons  whose  religious 
opinions  and  conscientious  scruples  forbid  them  to  bear  arms, 
shall  be  relieved  from  doing  so,  on  producing  to  the  proper 
authorities  satisfactory  proof  that  they  are  thus  conscien¬ 
tious;’  ’ 

Decided  in  the  affirmative. 

Mr.  Todd  moved  that  the  Convention  do  now  adjourn; 

The  question  being  on  the  adoption  of  the  motion, 


627 


) 


Mr.  Wooden  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Audoun, 

Carter, 
Cunningham, 
Davis,  of  Wash,, 
Dellinger, 


Holly  day, 

King, 

Negley, 

Nyman, 

Parker, 


Negative. 


Messrs.' 

Goldsborough,  P’t 
Abbott, 

Annan, 

Baker, 

Cushing, 

Daniel, 

Earle, 

Ecker, 

Farrow, 

Galloway, 

Greene, 

No  quorum  voting, 


Hatch, 

Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Keefer, 

Kennard, 

Larsh, 

McComas, 

Mullikin, 

Murray, 

Pugh, 


On  motion  of  Mr.  Stirling, 
The  Convention  adjourned. 


Sands, 

Scott, 

Smith,  of  Wor. 
Sneary, 

Todd— 15. 


Purnell, 

Russell, 

Schley, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 
Thomas, 
Valliant, 
Wickard, 
Wooden — 34. 


TUESDAY,  August  30th,  1864. 

The  Convention  met  at  9A  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Owen. 

All  the  members  present  except  the  following : 

Messrs.  Belt,  Berry,  of  Baltimore  county,  Berry,  of  Prince 
George’s,  Brown,  Chambers,  Clake,  Crawford,  Dail,  Davis, 


628 


of  Charles,,  Dent,  Eclelen,  Gale,  Harwood,  Henkle,  Johnson, 
Jones,  of  Somerset,  Lansdale,  Mace,  Marbury,  Mitchell, 
Noble,  Peter,  Ridgely,  Robinette,  Sclilosser,  Sneary,  Thrus- 
ton,  Wilmer — 28. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Thomas  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  Accounts  issue  a  certifi¬ 
cate  in  favor  of  the  State  Librarian  for  two  hundred  dollars, 
for  his  services  rendered  this  Convention,  in  obedience  to  an 
appointment  by  the  General  Assembly  of  Maryland,  at  its 
last  session,  in  pruchasing  the  necessary  stationery  for  the 
Convention,  and  other  extra  services  rendered  the  Convention 
during  the  session.  # 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Annon  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Farrow, 

Murray, 

Abbott, 

Greene, 

Parran, 

Audoun, 

Hatch, 

Purnell, 

Barron, 

Hebb,  v 

Ridgely, 

Belt, 

Hodson, 

Sands, 

Billingsley, 

Hollyday, 

Schley, 

Blackiston, 

Ken  n  arc!, 

Smith,  of  Dor. 

Briscoe, 

Larsh, 

Smith,  of  Wor. 

Brooks, 

Lee, 

Stirling, 

Carter, 

Markey, 

Swope, 

Cushing, 

McComas, 

Sykes, 

Daniel, 

Miller, 

Thomas, 

Dellinger, 

Morgan, 

Todd, 

Duvall, 

Earle, 

Mullikin, 

Negative. 

Turner — 42. 

Messrs. 

Hoffman, 

Parker, 

Goldsborough,  P’t 

Hopkins, 

Hopper, 

Pugh, 

Annan, 

Russell, 

Baker, 

Horsey, 

Scott, 

Bond, 

Jones,  of  Cecil, 

Smith,  of  Carroll, 

Cunningham, 
Davis,  of  Wash., 

Keefer, 

Stockbrid  ge, 

King, 

Valliant, 

629 


Eoke1!18’  f^ngh,  Wickard, 

^  ,  ’  Begley,  Wooden— 29 

Ualloway,  Nyman, 

affinna£eqUeSti011  UP°n  itS  ad°pti°n  was  (lecide(1  -  the 

Mr.  Valliant  submitted  the  following  order : 

Ordered,  That  the  President  of  this  Convention  i 

authorized,  after  the  final  adjournment  of  this  Convention  S 
make  order  for  the  payment  of  all  bills  remainin'-  L 
paid  in  connection  with  the  reporting  n11f]  T,  •  +-  111 

Journal  of  Debates,  whenever  the  same  shall  be'p resented 
to  him  duly  certified  as  correct  by  Mr  Joseph  FT  A„  in 

ssc  — -  -  «■»  .f 

On  motion  of  Mr.  Valliant, 

The  said  order  was  referred  to  the  Committee  on  Accounts. 
On  motion  of  Mr.  Barron, 

It  was  ordered  to  be  entered  on  the  Journal  tw  i  t  1 
Barron  been  in  his  seat  on  Friday  26th  inst  \  d*  /,  fohn 
voted  against  the  section  added  to  the  Judich rv  aZ  ^ 
vidmg  a  system  of  involuntary  apprenticeshin-Fnrf  1 V P‘'°' 
of  the  amendment  which  was  offered  thereto  ^esisrned  tV 

On  motion  of  Mr.  Smith,  of  Dorchester. 

It  was  ordered  to  be  entered  on  the  Journal  th-it  a  i  , 

Johnson  is  absent  from  his  seat  in  the  Convention  1 

cjuence  of  sickness.  ln  conse- 

The  order  submitted  by  Mr.  Valliant  on  yesterdav 

S"”8  “*  Fm“"s  °*  “  »pi«  5S. 

Was  taken  up. 

Mr.  Todd  moved  to  strike  out  “six”. and  insert  “ten;” 

Mr.  Wickard  moved  to  strike  out  “six”  Q„,i  ^ 

and  after  the  word  Constitution  insert,  “five  thousand ‘to' C 
in  the  Grerman  language  j”  is  and  to  be 

Decided  in  the  negative. 

Mr.  Bidgely  moved  to  strike  on f  n  i  • 

and  after  the  word  Constitution  insert  “ten  tho^ 

to  be  printed  in  the  German  language  ;”  U8and  copies 


630 


Decided  in  the  affirmative. 

The  question  being  on  the  adoption  of  the  order  as  amend¬ 
ed, 

Mr.  Stockbridge  submitted  the  following  amendment  : 

Strike  out  all  after  the  word  ‘‘that”  in  the  first  line,  and 
insert : 

“The  Chair  appoint  a  committee  of  three  to  contract  with 
the  Baltimore  American  or  some  other  newspaper  or  newspa¬ 
pers,  for  the  publication  of  the  Constitution  entire  in  extra 
newspaper  form,  5000  copies  in  the  G-erman  language  and 
50,000  in  the  English,  to  be  distributed  as  follows  :  two  hun¬ 
dred  copies  to  he  furnished  to  each  member  of  the  Convention 
and  the  remainder  to  be  equally  distributed  by  said  com¬ 
mittee  among  the  various  county  newspapers  and  postmasters 
who  will  promptly  distribute  the  same  among  the  people,  the 
copies  to  be  furnished  by  the  contractor  for  printing  the  same 
within  one  week  after  the  final  adjournment  of  this  Conven¬ 
tion 

Mr.  Wickard  moved  to  amend  the  amendment  by  striking 
out  the  words  “five  thousand,”  before  the  words  “copies  to 
be  printed  in  the  German  language,”  and  insert  “ten  thou¬ 
sand  ;” 

Decided  in  the  affirmative. 

The  question  recuring  upon  the  adoption  of  the  amendment 
submitted  by  Mr.  Stockbridge,  as  amended, 

It  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Todd, 

It  was  ordered  to  be  entered  that  the  continued  absence  of 
T.  S.  Noble,  of  Caroline  county,  from  his  seat  in  this  Conven¬ 
tion  is  occasioned  by  a  protracted  illness. 

The  resolution  submitted  by  Mr.  Abbott  on  Saturday,  in 
reference  to  calling  the  Convention  together  in  case  of  an  in¬ 
terference  with  the  election  by  an  invasion  of  the  public 
enemy, 

Was  taken  up  ; 

Mr.  Abbott  amended  his  resolution  so  as  to  read  : 

Resolved,  That  in  view  of  the  uncertain  condition  of  af¬ 
fairs  in  this  State,  owdng  to  the  possibility  of  an  invasion  by 
the  public  enemy,  which  may  interfere  with  the  expression 
of  the  popular  will  on  the  day  to  be  fixed  for  voting  on  this 


i 


Constitution,  that  this  Convention,  when  it  adiourns  for  thp 
purpose  of  taking  the  sense  of  the  people  onthi  “  Constitu! 
tion.  it  stand  adjourned  subject  to  the  call  of  the  President 

ffT  tt  rS<i  i°i  Ule  d?ath  °r  cation  of  the  President’ 

ty  dieS  B  P  °U1S  ’  '  fr6drick  Schley>  of  Frederick  coun- 
ty,  Joseph  B  Pugh,  of  Cecil  county,  Henry  Stockbrido-e  of 

Baltimore  city,  Wm.  T.  Purnell,  of  Worcester  county  ’be 

and  they  are  hereby  authorized,  in  the  order  in  which  they 

are  named  to  act  as  President,  and  call  the  Convention  to 

fec‘ion  ofbtS,Tld  5ay  aPP0lnted  for  the  adoption  or  re- 
i ho  *  President 

amended!168*1011  bei“S  °D  ‘he  adoPtiou  of  the  resolution,  as 


Mr.  Dennis  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Goldsborough,  P;t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Earrow, 

Galloway, 

Greene,  * 

Hatch, 


Affirmative. 

Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

King, 

Larsh, 

Markey, 

Mayhugh, 

McComas, 

Mullikin, 

Murray, 

Negley, 

Hyman, 

Parker, 


Messrs. 

Billingsley, 

Blackiston, 

Bond, 


Negative. 

Dennis, 

Dent, 

Duvall, 

Hodson, 


Pugh, 

Purnell, 

Bidgely, 

Bussell, 

Sands, 

Schley, 

Scott, 

Smith,  of  Wor., 

Stirling, 

Stockbridve, 

O  CD  7 

bwope, 

Sykes, 

Thomas, 

Todd, 

Kalliant, 
Wickard, 
Wooden — 51. 


Lee, 

Miller, 

Morgan, 

Parran, 


632 


Briscoe,  Hollyday,  Smith,  of  Dor., 

Brown,  Horsey,  Turner — 18. 

Chambers, 

So  the  question,  upon  its  adoption  was  decided  in  the  af¬ 
firmative. 

On  motion  of  Mr.  Stockbridge, 

The  Convention  proceeded  to  the  consideration  of  bills  upon 
their  third  reading. 

The  report  of  the  Committee  on  the  Elective  Franchise, 

Was  taken  up  ; 

Mr.  Briscoe  moved  to  open  the  second  section  of  the  report 
for  amendment. 

The  question  being  upon  the  adoption  of  the  motion, 

Mr.  Briscoe  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Chambers, 

Lee, 

Billingsley, 

Clarke, 

Miller, 

Blackiston, 

Dennis, 

Morgan, 

Bond, 

Dent, 

Parran, 

Smith  of  Dor., 

Briscoe, 

Hollyday, 

Brown, 

Horsey, 

Negative. 

Turner — 17. 

Messrs. 

Hehb, 

Purnell, 

Goldsborough,  P’t 

Hoffman, 

Ridgely, 

Abbott, 

Hopkins, 

Russell, 

Annan, 

Hopper, 

Sands, 

Baker, 

Jones,  of  Cecil, 

Schley, 

Barron, 

.Keefer, 

Scott, 

Brooks, 

Kennard, 

Smith,  of  Carroll 

Carter, 

Larsh, 

Smith,  of  Wor., 

Cunningham, 

Markey, 

Stirling, 

Cushing, 

Mayhugh, 

Stockbridge, 

Daniel, 

Davis,  of  Wash., 

McComas, 

Swope, 

Mullikin, 

Sykes, 

Thomas, 

Dellinger, 

Murray, 

Earle, 

Negley, 

Todd, 

Yalliant, 

Ecker, 

Nyman, 

Farrow, 

Parker, 

Wickard, 

Galloway, 

Greene, 

Pugh, 

W  ooden — 51. 

633 


So  the  question  upon  its  adoption 
negative. 


was  decided  in  the 


The  report  was  then  read  the  third  time  and 
yeas  and  nays  as  follows  : 


passed  by 


Affirmative. 


Messrs. 

Goldsborough,  PR 
Abbott, 

Annan, 

Baker, 

Barron, 

Brooks, 

Carter,  * 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 

Galloway, 


Greene, 

Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

Larsh, 

Markey, 

May  h  ugh, 
McComas, 
Mullikin, 
Murray, 

Hegley, 

Hyman, 

Parker, 


Negative. 


Pugh, 

Purnell, 

Ridgely, 

Russell, 

Sands, 

Schley, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Stirling, 
Stockbridge, 
Swope, 

Sykes, 

Todd, 

Valliant, 

Wickard, 

Wooden — 50. 


Messrs. 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 


Chambers, 

Clarke, 

Dennis, 

Dent, 

Hollyday, 

Horsey, 


Lee, 

Miller, 

Morgan, 

Parran, 

Smith,  of  Dor., 
Turner — 17. 


On  motion  of  Mr.  Stockbrikge, 

The  report  of  the  committee  on  the  Executive  Department 
was  taken  up  ;  x 


Read  the  third  time,  and 
Passed  by  yeas  and  nays  as  follows; 

Affirmative. 


Messrs.  Hatch,  PUcvh 

Goldsborough,  P’t  Hebb,  Purnell 

Abbott,  Hoffman,  RhS 

Annan,  Hopkins,’  Russell,’ 

Audoun,  Hopper,  Sands, 

-oaker,  Jones,  of  Cecil,  Schley, 

Barron,  Keefer,  Scott, 

80 


634 


Brooks, 

Kennard, 

Smith,  of  Carroll, 

Carter, 

King, 

Smith,  of  Wor., 

Cunningham, 

Larsh, 

Stirling, 

Cushing, 

Markey, 

Stockbridge, 

Daniel, 

Mayhugh, 

McComas, 

Swope, 

Davis,  of  Wash., 

Sykes, 

Dellinger, 

Mullikin, 

Thomas, 

Earle, 

Murray, 

Todd, 

Ecker, 

Negley, 

Yalliant, 

Farrow, 

Nyman, 

Wickard, 

Galloway, 

Greene, 

Parker, 

Negative. 

Wooden — 54. 

essrs. 

Chambers, 

Horsey, 

Belt, 

Clarke, 

Lee, 

Billingsley, 

Dennis, 

Morgan, 

Blackiston, 

Dent, 

Parran, 

Briscoe, 

Duvall, 

Smith,  of  Dor., 

Brown, 

Holly  day, 

—16. 

On  motion  of  Mr.  Stockbridge, 

The  report  of  the  Committee  on  the  Legislative  Depart¬ 
ment,  was  taken  up, 

Read  the  third  time,  and 

Passed  by  yeas  and  nays  as  follows  : 


Affirmative. 


Messrs. 

Greene, 

Parker, 

Goldsborough,P’t 

Hatch, 

Pugh, 

Abbott, 

Hebb, 

Purnell, 

Annan, 

Hoffman, 

Eidgely, 

Audoun, 

Hopkins, 

Russell, 

Baker, 

Hopper, 

Sands, 

Barron, 

Jones,  of  Cecil, 

Schley, 

Brooks, 

Keefer, 

Smith,  of  Wor., 

Carter, 

Kennard, 

Stirling, 

Cunningham, 

King 

Stockbridge, 

Cushing, 

Larsh, 

Swope, 

Daniel, 

Markey, 

Sykes, 

Davis,  of  Wash., 

Mayhugh, 

Thomas, 

Dellinger, 

McComas, 

Todd, 

Earle, 

Mullikin, 

Yalliant, 

Ecker, 

Murray, 

Wickard, 

Farrow, 

Negley, 

Wooden — 51. 

Galloway, 


635 


Horsey, 

Lee, 

Morgan, 

Parran, 

Smith,  of  Dor,, 

—16. 


The  report  of  the  Committee  on  the  Basis  of  Representation, 
Was  taken  up. 

Mr.  Cushing  moved  to  dispense  with  the  further  reading  of 
the  report. 

The  question  being  on  the  adoption  of  the  motion  ; 

Mr.  Briscoe  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Brooks, 

Kennard, 

Goldsborough,  P’t 

Cushing, 

McComas, 

Audoun, 

Farrow, 

Mullikin, 

Baker, 

Hatch, 

Swope — 13. 

Barron, 

Hebb, 

Negative. 

Messrs. 

Galloway, 

Parran, 

Abbott, 

Greene, 

Pugh, 

Belt, 

Hoffman, 

Purnell, 

Billingsley, 

Hollyday, 

Ridgely, 

Blackiston, 

Hopkins, 

Russell, 

Briscoe, 

Hopper, 

Sands, 

Brown, 

Horsey, 

Schley, 

Chambers, 

Jones,  of  Cecil, 

Smith,  of  Dor., 

Clarke, 

Keefer, 

Smith,  of  Wor. 

Cunningham, 

King, 

Larsh, 

Stirling, 

Daniel, 

Stockbridge, 

Davis,  of  Wash., 

Lee, 

Sykes, 

Dellinger, 

Markey, 

Thomas, 

Dennis, 

Mayhugh, 

Todd, 

Yalliant, 

Dent, 

Morgan, 

Murray, 

Duvall, 

Wickard, 

Earle, 

Negley, 

Wooden — 52. 

Ecker, 

Parker, 

Messrs. 

Belt, 

Billingsley, 

Blackiston, 

Briscoe, 

Brown, 


Negative. 

Chambers, 

Clarke, 

Dennis, 

Dent, 

Duvall, 

Holiyday, 


On  motion  of  Mr.  Stockbridge, 


636 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Hollyday  moved  to  open  the  third  section  of  the  report 
for  an  amendment  which  he  desired  to  offer; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Mayhugh  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Greene, 

Mullikin, 

Goldsborough,  P’t 

Hodson, 

Nyman, 

Billingsley, 

Hoffman, 

Parker, 

Black  is  ton, 

Hollyday, 

Parran, 

Bond, 

Hopkins, 

Pugh, 

.  Briscoe, 

Hopper, 

Purnell, 

Brown,  * 

Carter, 

Horsey, 

Ridgely, 

J ones,  of  Cecil , 

Sands, 

Scott, 

Chambers, ' 

Kennard, 

Daniel, 

King, 

Smith,  of  Dor. , 

Dellinger, 

Larsh, 

Smith,  of  Wor., 

Dennis, 

Lee, 

Stirling, 

Dent, 

Mar  key, 

Swope, 

Duvall, 

Miller, 

Sykes, 

Earle, 

Ecker, 

Morgan, 

Negative. 

Todd — 45. 

Messrs. 

Cunningham, 

Mayhugh, 

Abbott, 

Cushing, 

McComas, 

Annan, 

Audoun, 

Davis,  of  Wash., 

Murray, 

Farrow, 

Negley, 

Baker, 

Galloway, 

Russell, 

Barron, 

Hatch, 

Schley, 

Belt, 

Hebb, 

Yalliant, 

Brooks, 

Clarke, 

Keefer, 

Wickard — 24. 

So  the  question  upon  its  adoption 

was  decided  in  the 

negative,  a  majority  of  the  whole  number  of  the  members 
being  required. 

Mr.  Pugh,  (seconded  by  Messrs.  Sands  and  Ridgely,) 
moved  to  reconsider  the  vote  last  taken  ; 

The  question  being 
sider. 

on  the  adoption  of  the  motion  to  recon- 

637 


Mr.  Mayhugli  demanded  the  yeas  and  nays  , 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Goldsborough  Pt. 
Belt, 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Carter, 

Chambers, 

Clarke, 

Daniel, 

Dellinger, 

Dennis, 

Dent, 

Duvall, 

Earle, 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Baker, 


Ecker, 

Galloway, 

Greene, 

Hodson, 

Hoffman, 

Hollyday, 

Hopkins, 

Hopper, 

Horsey, 

Jones,  of  Cecil, 
Kennard, 

King, 

Larsb, 

Lee, 

Mar  key, 

Miller, 

Morgan, 

Negative. 

Cushing, 

Davis,  of  Wash.. 
Farrow, 

Hatch, 

Hebb, 

Keefer, 

Mayhugli, 

Me  Co  mas, 


Nyman, 

Parker, 

Parra  n, 

Pusrh 

Purnell, 

Ridgely, 

Sands, 

Scott, 

Smith,  of  Dor., 
Smith,  of  Wor., 
Stirling, 

Swope, 

Sykes, 

Todd, 

Valliant, 
Wooden— -49. 


Mullikin, 

Murray, 

Negley, 

Ilussell, 

Schley, 

Stockbridge, 

Wickard — 22. 


Barron, 

Brooks, 

Cunningham, 

So  the  Convention  agreed  to  reconsider  the  vote. 

The  question  recurring  upon  the  motion  to  open  the  section 
for  amendment. 

On  motion  of  Mr.  Annon, 

The  Convention  took  a  recess  until  half  past  three  o’clock. 


638 


AFTERNOON  SESSION. 

The  Convention  met  at  3J  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Belt,  Berry,  of  Baltimore  county,  Berry,  of  Prince 
George’s,  Briscoe,  Brown,  Clarke,  Crawford,  Bail,  Davis, 
of  Charles,  Edelen,  Gale,  Harwood,  Henlde,  Hod.son,  Hop¬ 
per,  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Lansdale, 
Mace,  Marbury,  Mitchell,  Noble,  Peter,  Robinette,  Schlosser, 
Sneary,  Thruston,  Yalliant,  Wilmer. — 30. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  committee  on  the  Basis  of  Representation  ; 

The  question  being  on  the  adoption  of  the  motion  submit¬ 
ted  by  Mr.  Holliday,  to  open  the  third  section  for  amend¬ 
ment  ; 

Mr,  Pugh  moved  to  suspend  the  53rd  Rule  ; 

The  question  being  on  the  adoption  ol  the  motion, 

Mr.  Abbott  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hollyday, 

Purnell, 

Goldsborough,  P’t 

Hopkins, 

Ridgely, 

Billingsley, 

Horsey, 

Sands, 

Blackiston, 

King, 

Scott, 

Bond, 

Larsh, 

Smith,  of  Carroll, 

Briscoe, 

Lee, 

Smith,  of  Dor., 

Daniel, 

Markey , 

Smith,  of  Wor., 

Dennis, 

Miller, 

Stilling, 

Dent, 

Duvall, 

Morgan, 

Swope, 

Sykes, 

Mullikin, 

Earle, 

Nyman, 

Thomas, 

Galloway, 

Parker, 

Todd, 

Greene, 

Hoffman, 

Parran, 

Turner  —  40. 

Pugh, 

Negative. 

Messrs. 

Cushing, 

Mayhugh, 

Abbott, 

Davis,  of  Wash., 

McComas, 

Annan, 

Dellinger, 

Murray, 

/ 


639 


Audoun, 

Baker, 

Barron, 

Brooks, 

Carter, 

Cunningham, 

So  the  question 
affirmative. 


Ecker, 

Farrow, 

Hatch , 

Hebb, 

Keefer, 

Kennard, 


Negley, 

Bussell, 

Schley, 

Stockhridge, 

VVickard, 

Wooden — 26. 


upon  its  adoption  was  decided  in  the 


,  T^e  question  then  recurring  upon  the  motion  submitted 
by  Mr.  Hollyday, 


It  was  decided  in  the  affirmative. 

Mi.  Holly  day  moved  to  amend  the  report  by  striking;  out 
the  word  “one,”  after  the  word  “Kent,”  in  the  eighteenth 
line,  and  insert  the  word  “two;” 


The  question  being  on  the  adoption  of  the  amendment, 
Mr.  Cushing  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Goldsborough, 

Belt, 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Carter, 

Chambers, 

Clarke, 

Daniel, 

Dellinger, 

Dent, 

Duvall, 

Earle, 

Ecker, 


Affirmative. 

Galloway, 

Greene. 

Hoffman, 

Hollyday, 

Hopkins, 

Hopper, 

Horsey, 

Kennard, 

King, 

Larsh, 

Lee, 

Markey, 

Miller, 

Mullikin, 

Hyman, 

Parker, 


Parran, 

Pugh, 

Purnell, 

Ridgely, 

Sands, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Stirling, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Turner, 

Wooden — 46. 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 

Cunningham 


Negative. 

Cushing, 

Davis,  of  Wash. 
Farrow, 

Iiebb, 

Keefer, 

Mayhugh, 

McComas, 


Murray, 

Negley, 

Bussel], 

Schley, 

Stockhridge, 

Wickard— 19. 


640 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Hopper  moved  to  suspend  the  53rd  rule  to  enable  him 
to  submit  an  amendment  to  the  3rd  section  of  the  report  of  the 
Committee  on  the  Basis  of  Representation. 

The  question  being  on  the  adoption  of  the  motion; 

Mr.  Ridgely  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Hoffman, 

Ridgely, 

Groldsborough,  P’t 

Hollyday, 

Sands, 

Barron, 

Hopkins, 

Scott, 

Briscoe, 

Hopper, 

Kennard, 

Smith,  of  Carroll, 

Carter, 

Smith,  of  Wor., 

Chambers, 

King, 

Stirling, 

Cunningham, 

Larsh, 

Stockbridge, 

Daniel, 

McComas, 

Swope, 

Earle, 

Mullikin. 

j 

Sykes, 

Thomas, 

Ecker, 

Parker, 

Galloway, 

Pugh, 

Wickard, 

Greene, 

Purnell, 

Negative. 

Wooden — 35. 

Messrs. 

Davis,  of  Wash., 

Mayhugh, 

Abbott, 

Dellinger, 

Miller, 

Annan, 

Dent, 

Murray, 

Baker, 

Duvall, 

Negley, 

Belt, 

Farrow, 

Nyman, 

Parran, 

Billingsley, 

Hebb, 

Blacldston, 

Horsey, 

Russell, 

Bond, 

Keefer, 

Schley, 

Clarke, 

Lee, 

Todd, 

Cushing, 

Markey, 

Turner — 29. 

So  the  Convention  refused  to  suspend  the  rule. 

Mr.  Briscoe  moved  to  suspend  the  53rd  rule  to  enable  him 
to  submit  an  amendment  to  the  3rd  section. 


Decided  in  the  negative. 

Mr.  Thomas  moved  to  reconsider  the  vote  by  which  the 
amendment  submitted  by  Mr.  Hollyday,  to  increase  the  repre¬ 
sentation  of  Kent  county,  was  adopted. 

Mr.  Stirling  called  the  previous  question  ; 


641 


i 


The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The.  question  recurring  upon  the  motion  of  Mr.  Thomas  to 
reconsider. 

Mr.  Briscoe  moved  a  call  of  the  Convention; 

Which  was  sustained, 

On  motion  of  Mr.  Stirling, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  question  again  being  on  the  motion  submitted  by  Mr. 
Thomas,  to  reconsider  the  vote  by  which  the  amendment  of 
Mr.  Hollyday  was  adopted, 

Mr.  Abbott  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Ecker, 

Murray, 

Goldsborough,  P’t 

Farrow, 

Negley, 

Abbott, 

Galloway, 

Parker, 

Annan, 

Hebb, 

Ridgely, 

Audoun, 

Hoffman, 

Russell, 

Baker, 

Keefer, 

Sands, 

Barron, 

King, 

Schley, 

Cunningham, 

Larsh, 

Thomas, 

Cushing, 

Mayhugh, 

Wickard, 

Davis,  of  Wash., 
Dellinger, 

Me  Co  mas. 

Negative. 

Wooden — 30. 

Messrs. 

Duvall, 

Nyman, 

Belt, 

Earle, 

Parran, 

Billingsley, 

Greene, 

Pugh, 

Blackiston, 

Hollyday, 

Purnell, 

Bond, 

Hopkins, 

Scott, 

Briscoe, 

Hopper, 

Smith,  of  Carroll, 

Brown, 

Horsey, 

Smith,  of  Wor., 

Carter, 

Kennard, 

Stirling, 

Chambers, 

Lee, 

Stockbridge, 

Clarke, 

Markey, 

Swope, 

Daniel, 

Miller, 

Sykes, 

Dent, 

81 

Mullikin, 

Todd — 35. 

I 


642 

So  the  Convention  refused  to  reconsider  the  vote. 

Mr.  Stockbridge  moved  to  open  the  third  section  to  further 

amendment : 

/ 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Section  3,  line  fourteen,  strike  out  the  words  “seventy- 
nine/’  and  insert  the  word  “eighty;” 

Decided  in  the  affirmative. 

Mr.  Belt  moved  to  open  the  third  section  of  the  report  for 
further  amendment ; 

Decided  in  the  negative. 

The  report,  as  amended,  was  then  read  the  third  time,  and 


gassed  by  yeas  and  nays  as  follows  : 

Messrs. 

Affirmative. 

Greene, 

Pugh, 

Purnell, 

Goldsborough,P’t 

Hebb, 

Abbott, 

Hoffman, 

Bidgely, 

Annan, 

Hopkins, 

Russell, 

Audoun, 

Hopper, 

Sands, 

Baker, 

Keefer, 

Schley, 

Barron, 

Kennard, 

Scott, 

Carter, 

King, 

Smith,  of  Carroll 
Smith,  of  Wor., 

Cunningham, 

Larsh, 

Cushing, 

Markey, 

Stirling, 

Daniel, 

Mayhugh, 

Stockbridge, 

Davis,  of  Wash., 

McComas, 

Swope, 

Dellinger, 

Mullikin, 

Sykes, 

Earle, 

Murray, 

Thomas, 

SEcker, 

Negiey, 

Todd, 

Farrow, 

Nyman , 

Wooden — 48. 

Galloway, 

Parker, 

Messrs. 

Negative. 

Brown, 

Horsey, 

Belt, 

Chambers, 

Lee, 

Billingsley, 

Clarke, 

Miller, 

Bond, 

Dent, 

Parran, 

Briscoe, 

Duvall, 

Wickard — 14. 

On  motion  of  Mr 

.  Stirling, 

The  Convention  took  a  recess  until  8 

o'clock. 

643 


EVENING-  SESSION. 


The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Berry,  of  Baltimore  county,  Berry,  of  Prince 
George  s.  Bond,  Briscoe,  Brooks,  Chambers,  Crawford,  Bail, 
Davis,  of  Charles,  Dennis,  Edelen,  Gale,  Harwood,  Hatch, 
Hod  son,  Jonnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Mace, 
Mitchell,  Noble,  Peter,  Robinette,  Smith,  of  Dorchester, 
Thruston,  Valliant,  Wilmer — 27. 

On  motion  of  Mr.  Earle, 

I  he  Committee  on  ifnigrossoient  and  Revision,  were  per¬ 
mitted  to  meei  during  the  sessions  of  the  Convention. 

On  motion  of  Mr.  Stockbridge, 

The  Convention  proceeded  to  the  consideration  of  the 
Report  of  the  Committee  on  Militia  and  Military  Affairs. 

Mr.  Negley  submitted  the  following  amendment : 

At  the  end  of  the  1st  section  add  the  following: 

“All  married  men  between  the  ages  of  eighteen  and  forty- 
five  years,  who  support  their  families  by  their  daily  labor, 
shall  be  placed  upon  the  same  footing  of  exemption,  as  per¬ 
sons  whose  religious  opinions  and  conscientious  scruples  for¬ 
bid  them  to  bear  arms;” 

The  question  being  on  the  adoption  of  the  amendment, 

Mr.  Negley  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 


Lansdale, 

Lee, 


Miller, 

Negley, 

Smith,  of  Carroll, 


Belt, 

Billingsley, 

Dent, 

Henkle, 


Mar  bury, 
Mayhugh, 


—11. 


Messrs. 


Negative. 

Greene, 


Ridgely, 

Russell, 

Sands, 


Goldsborough,  P’t  Hebb, 
Abbott,  Ploffman 


Abbott, 


644 


Annan, 

Holly  day, 

Schley, 

Baker, 

Hopkins, 

Schlosser, 

Barron, 

Blackiston, 

Hopper, 

Horsey, 

Scott, 

Smith,  of  Wor., 

Brown, 

Keefer, 

Sneary, 

Carter, 

Clarke, 

Kennard, 

Stirling, 

Larsh, 

Stockbridge, 

Cunningham, 

Markey, 

Swope, 

Sykes, 

Cushing, 

McComas, 

Daniel, 

Mullikin, 

Thomas, 

Davis,  of  Wash. 

Parker, 

Todd, 

Ecker, 

Pugh, 

Purnell, 

Wickard, 

Farrow, 

Galloway, 

Wooden — 48. 

So  the  question  upon  its  adoption  was 
tive. 

decided  in  the  nega 

Mr.  Lansdale  submitted  the  following 

amendment: 

Amend  by  inserting  the  word  “white,”  after  the  wordi 
“able  bodied,”  in  first  line. 

The  question  being 

on  the  adoption 

of  the  amendment, 

Mr.  Lansdale  demanded  the  yeas  and 
The  demand  being  sustained, 

nays, 

The  yeas  and  nays 

were  called,  and  appeared  as  follows : 

Affirmative. 

Messrs. 

Clarke, 

Horsey, 

Belt, 

Dent, 

Lansdale, 

Billingsley, 

Duvall, 

Lee, 

Blackiston, 

Henkle, 

Mar  bury, 

Brown, 

Chambers, 

Hollyday, 

Negative. 

Miller— 15. 

Messrs. 

Hebb, 

Russell, 

Goldsborough,  P’t 

Hoffman, 

Sands, 

Abbott, 

Hopkins, 

Schley, 

Annan, 

Hopper, 

Schlosser, 

Audoun, 

Keefer, 

Scott, 

Baker, 

Kennard, 

Smith  of  Car. 

Barron, 

Carter, 

Larsh, 

Smith,  of  Wor., 

Markey, 

Sneary, 

Cunningham, 

Mayhugh, 

Stirling, 

Cushing, 

McComas, 

Stockbridge, 

Daniel, 

Mullikin, 

Swope, 

645 


Davis,  of  Wash., 
Dellinger, 

Ecker, 

Farrow, 

Galloway, 


Negley, 

Parker, 

Pugh, 

Purnell, 

Riclgely, 


Sykes, 

Thomas, 

Todd, 

Wickard, 


Wooden — 48. 


Greene, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Davis,  of  Washington,  submitted  the  following  amend¬ 
ment  : 

Third  line,  strike  out  the  words  “forty-five,”  and  insert 
“sixtv-five :” 

»/  j 

Decided  in  the  negative. 

Mr.  Belt  submitted  the  following  amendment: 

Provided  however,  That  no  one  shall  be  regarded  as  being 
capable  of  serving  in  the  militia  of  this  State,  unless  he  shall 
first  take  the  oath  prescribed  in  this  constitution  for  civil  offi¬ 
cers  under  the  same. 

Mr.  Hebb  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Belt ; 

It  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  the  section  as 
amended ; 

Mr.  Thomas  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 


Goldsl^orough,  P’t  Hebb 


Affirmative. 

Greene, 


Russell, 

Sands, 


Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 


Hoffman, 

Hopkins, 

Hopper, 

Keefer, 

Kennard, 


Schley, 


Schlosser, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 


646 


Carter, 

Mar  key, 

Sneary, 

Cunningham, 

Mayhugh, 

Stirling, 

.  Cushing, 

McComas, 

Stockbridge, 

Daniel, 

Mullikin, 

Swope, 

Sykes, 

Davis,  of  Wash. , 

Negley, 

Dellinger, 

Parker, 

Thomas, 

Ecker, 

Pugh, 

Todd, 

Farrow, 

Purnell, 

Wickard, 

Galloway, 

Ridgely, 

Negative. 

Wooden — 47. 

Messrs. 

Clark, 

Horsey, 

Belt, 

Dent, 

Lansdale, 

Billingsley, 

Duvall, 

Lee, 

Blackiston, 

Henkle, 

Marbury, 

Brown, 

Iiollyday, 

Miller — 15. 

Chambers , 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Wickard  submitted  the  following  amendment : 

Strike  out  section  two  of  the  Majority  Report  and  insert 
the  following : 

Sec.  2.  The  General  Assembly  shall  provide  for  organiz¬ 
ing,  equipping  and  disciplining  the  Militia  in  such  manner 
as°shall  be  most  effective  to  repel  invasion  and  suppress  in¬ 
surrection,  not  incompatible  with  the  laws  of  the  United 
States  ; 

Decided  in  the  affirmative. 

Mr.  Ridgely  submitted  the  following  amendment  : 

Insert  after  the  word  “provide,”  in  the  first  line  of  section 
two,  as  amended,  the  words  “at  its  first  session  after  the 
adoption  of  this  Constitution,  and  from  time  to  time  there¬ 
after  as  the  exigency  may  require  ;” 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment: 

Strikeout  the  words  “not  incompatible  with  the  laws  of 
the  United  States,”  at  the  end  of  the  section,  and  insert  the 
same  words  after  “manner,”  in  line  two  ; 

Decided  in  the  affirmative. 

Mr.  Belt  submitted  the  following  amendment : 


4 


647 

“intwltv  'T'f  ‘,‘!.niIit!a’"  seoond  line,  insert  the  words 
m  the  city  Oi  Baltimore  and  m  every  county;” 

Decided  in  tire  negative. 

idi.  Audoun  submitted  the  following  amendment : 

Add  to  end  ot  section  2,  as  amended,  the  words  : 

“And  shall  pass  such  laws  as  shall  promote  the  formation 
ot  volunteer  militia  associations  in  the  citv  of  Baltimore  and 

a's  mayTfforci  the  Seo£re.  tC\them  suoil  Priv”ileg<*  or  assistance 
s  maj  anord  them  effectual  encouragement 

Decided  in  the  negative. 

Mr.  Stirling  submitted  the  following  amendment: 

Sep.  3.  Strike  out  the  words  “for  the  term  of _ vpar„  >» 

and  insert  “during  the  pleasure  of  the  Governor  ’ 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment: 

See.  3.  Strike  out  the  words  “an  annual  salary  of _ 

hereafter  fixed'by  faw  ;’’h  C°mPensation  is  or  may  be 
Decided  in  the  affirmative. 

Mr.  Wickard  submitted  the  following  amendment  : 

Insert  the  following  as  section  4  : 

See  4.  The  Militia  Officers  shall  be  chosen  or  appointed 
as  follows:  Captains,  Subalterns  and  Non-Commissfoned Of 
ficus  shall  be  chosen  by  the  written  votes  of  the  members  of 
their  respective  companies;  Field  Officers  of  regimens  and 
separate  battalions,  by  the  written  votes  of  the  Commissfoned 
Officers  of  their  respective  regiments  and  separate  hntw 
to  which  they  belong  ;  Brigadier  Generals Td  BnWe  tS* 
spectors,  by  the  Field  Officers  of  their  resnecfivp  i,b-  n 
Major  Generals,  Brigadier  Generals  and  Commanding  Offiiers 
ol  reg.ments  or  separate  battalions,  shall  appoint  the  Staff 
Officers  of  their  respective  divisions  hrio-o^  •  ^talt 
separate  battalions.  '  bngade8’  regiments  or 

The  question  being  upon  the  adoption  of  the  amendment, 
Mr.  Wickard  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


648 


\ 


Affirmative. 


Messrs. 

Abbott, 

Aucloun, 

Baker, 

Barron, 

Belt, 

Billingsley, 

Blackiston, 

Brown, 

Chambers, 


Clarke, 

Dent, 

Duvall, 

Ecker, 

Greene, 

Hebb, 

Holly  day, 

Horsey, 

Keefer, 

Negative. 


Lansdale, 

Lee, 

Marbury, 

Markev, 

Miller, 

Negley, 

Schlosser, 

Sneary, 

Wickard— 2T. 


Messrs. 

Goldsborough ,  P  ’  t 
Annan, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash. , 

Dellinger, 

Farrow, 

Galloway, 

Hoffman, 


Hopkins, 

Hopper, 

Kennard, 

Larsli, 

Mayhugli, 

McComas, 

Mullikin, 

Parker, 

Pugh, 

Purnell, 

Ridgely, 

Russell, 


Sands, 

Schley, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Stirling, 
Stockbridge, 
Swope, 

Sykes, 

Thomas, 

Todd, 

Wooden — 35. 


So  the  question  upon  its  adoption  was  decided  in  the 


negative. 


Mr.  Pu°di  moved  to  reconsider  the  vote  by  which  the 
amendment  submitted  by  Mr.  Audoun  to  the  2d  section  was 

rejected  ; 


Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  said  amend¬ 
ment, 

It  was  determined  in  the  affirmative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

Mr.  Ridgely  moved  to  suspend  the  rules  to  place  the  report  % 
on  its  third  reading  ; 


Decided  in  the  negative. 

Mr.  Brown  moved  that  the  Convention  do  now  adjourn. 

9 

Decided  in  the  negative. 

Mr.  Purnell  moved  to  suspend  the  rules  to  enable  him  to 


640 


Tnl!?  rC°.nJide1' V()te  which  Convention  adopted 
an  older  limiting  debate  to  twenty  minutes  ; 

Decided  in  the  negative. 

On  motion  of  Mr.  Dellinger, 

The  Convention  adjourned. 


WEDNESDAY,  August  31,  1864. 
The  Convention  met  at  9i  o’clock,  A.  M. 

I  ray er  by  the  Rev.  Mr.  Patterson. 


All  the  members  present  except  the  following : 

Messrs  Belt,  Berry,  of  Baltimore  county,  Berry  of  Prince 
George  s  Clarke,  Crawford,  Dail,  Dennis,  Edelen,  Gale 

,nS°£  f  -neS’  °f' Ceci!>  Jones’  of  Somerset,  Mace’, 
Mitchell,  Noble,  Robinette,  Schley,  Thruston,  Wilmer— 20. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Ridgelv  submitted  an  order,  and  moved  that  it  be  en- 
tered  on  the  Journal  of  Debates  ; 

Decided  in  the  affirmative. 

Mi .  Hoffman  submitted  the  following  order* 

Ordered,  That  the  Committee  on  Accounts  be  instructed  to 
pay  m  Rev  Mr  Owen,  Patterson,  Davenport  and  McNamar 

one  hundred  dollars  each,  for  services  rendered  as  Chaplains 
to  this  Convention  ;  1 

Mr  Schlosser  moved  to  strike  out  “one  hundred/’  and  in- 
sert  “one  hundred  and  fifty  ' 

Decided  in  the  negative. 


The  question  recurring  upon  the  adoption  of  the  order  : 
It  was  decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  order  : 

82 


650 


Ordered,  That  the  Secretary  and  Collins  Tatman,  folder, 
be  directed  to  forward  to  the  several  members  of  the  Conven¬ 
tion  after  its  adjournment,  their  .copies  of  the  Journal  of 
Debates  until  it  shall  have  been  completed — and  the  Presi¬ 
dent  is  requested  to  issue  his  certificate  for  the  usual  per  diem 
so  long  as  they  shall  be  so  employed  ; 

Mr.  Davis,  of  Washington,  moved  to  strike  out  the  words 
“Secretary  and 

Mr.  Yalliant  submitted  the  following  amendment  : 


Ordered,  That  the  Comptroller  be  authorized  to  contract 
with  the  Printer  for  the  folding  of  the  Journal  of  Debates  and 
mailing  the  same  after  the  adjournment  of  the  Convention  ; 

On  motion  of  Mr.  Pugh, 

The  consideration  of  the  subject  was  informally  postponed. 
Mr.  Barron  submitted  the  following  order  : 


Ordered,  That  the  time  allowed  each  member  for  Debates  on 
any  question  before  the  Convention  be  limited  to  five  minutes, 
that  no  extension  of  time  be  granted  except  by  a  unanimous 
vote  of  the  members  present  ; 


Mr.  Sands  moved  to  strike  out  “five” 


and  insert  “ten 


Mr.  Mayhugh  moved  to  lay  the  subject  on  the  table  ; 
The  question  being  on  the  adoption  of  the  motion, 
Mr.  Daniel  demanded  the  yeas  and  nays, 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

G-oldsborough,  PH 
Audoun, 

Barron, 

Billingsley, 

Blacldston, 

Bond, 

Briscoe, 

Brooks, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Cunningham, 


Davis,  of  Charles, 
Davis,  of  Wash., 
Dellinger, 

Dent, 

Duvall, 

Henkle, 

Hodson, 

Hollyday, 

Horsey, 

Johnson, 

Lansdale, 

Lee, 

Marbury, 


Markey, 

Mayhugh, 

Miiler, 

Morgan, 

Negley, 

Parran, 

Scott, 

Smith,  of  Dor., 
Snea'ry, 
Stockbridge, 
Sykes, 

Turner, 

Wiliner  -39. 


651 


Negative. 


Messrs. 

Abbott, 

Annan, 

Baker, 

Cushing, 

Daniel, 

Ecker, 


Hopkins, 

Hopper, 

Keefer, 

Kennard, 

Larsh. 

j 

McComas, 

Mullikin, 

Parker, 

Pugh, 

Purnell, 

Ridgely, 


Russell, 

Sands, 

Schlosser, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Stirling, 

Swope, 

Thomas, 

Valliant, 

Wickard, 

Wooden — 33. 


1  Farrow, 
Galloway 
Hatch , 
Hebb, ' 
Hoffman, 

*  i 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

On  motion  of  Mr.  Valliant, 

It  was  ordered  to  be  entered  on  the  Journal  that  Mr.  Mel- 
ancthon  Dodson,  (Page,)  is  detained  from  the  Convention  by 
protracted  sickness. 

Mr.  Henkle  submitted  the  following  resolutions  : 

o  Whereas,  The  subject  about  to  be  submitted  to  the  people 
or  the  State  of  Maryland,  at  the  coming  election  for  the 
adoption  ot  a  new  Constitution,  being  simply  a  question  of 
preference  for  the  present  or  the  proposed  ‘ Constitution,  a 
question  affecting  vitally  the  interests  of  all  our  people  and  the 
_  future  welfare  of  the  State  ;  and 

Whereas,  It  is  of  the  most  paramount  importance  that  the 
people  should  be  thoroughly  informed  of  the  nature  and  ten¬ 
dency  of  the  issues  about  to  be  decided  in  order  that  they  mav 
vote  intelligently  thereon  ;  therefore, 

Resolved,  1st.  That  the  right  of  the  people  peaceably  to 
assemble  and  publicly  discuss  questions  of  public  interest,  is 
an  inalienable  right  and  essential  to  their  liberties,  hence  we 
desire  that  the  people  shall  so  peaceably  assemble  in  public 
places  and  fully,  freely,  fairly,  and  without  any  molestation 
whatever,  discuss  the  questions  now  submitted  to  their  con¬ 
sideration. 

.  Resolved,  2nd.  That  we  recognize  as  a  fundamental  prin¬ 
ciple  of  liberty,  that  *‘all  good  government  derives  its  autho¬ 
rity  from  the  consent  of  the  governed/’  and  to  this  end  in  the 
language  of  the  Fifth  Article  of  our  Bill  of  Rights,  “every 
free  white  male  citizen,  having  the  qualifications  prescribed 
by  the  Constitution,  ought  to  have  the  right  of  suffrage.” 


* 


652 


Which  was  read  the  first  time. 

On  motion  of  Mr.  Stirling, 

The  rules  were  suspended  and  he  submitted  a  petition  from 
the  President  and  Members  of  the  Corn  Exchange  of  Balti¬ 
more,  praying  the  adoption  of  the  report  of  the  committee  on 
Usury  ; 

Which  was  read. 

# 

Mr.  Galloway  from  the  Committee  on  Accounts  submitted 
the  following 

BEPOBT : 

To  the  Honorable, 

The  President  of  the  Convention. 

The  Committee  on  Accounts  in  compliance  with  the  order 
passed  the  30th  instant,  respectfully  report  that  after  a  care¬ 
ful  examination  of  said  order,  they  recommend  that  the  Presi¬ 
dent  of  the  Convention  pay  all  bills  for  reporting  and  print¬ 
ing  of  the  Journal  of  Debates  remaining  unpaid  after  the  ad¬ 
journment  of  the  said  Convention  when  the  same  are  duly 
certified  as  correct  by  Mr.  Joseph  H.  Audoun  or  some  other- 
member  of  the  committee  on  reporting  and  printing. 

All  of  which  is  respectfully  submitted, 

Wm.  Galloway,  ChT\ 

Wm.  S.  Wooden, 

Thomas  Eussell, 

II.  Baker, 

E.  L.  Parker. 

Which  was  read. 

The  Convention  proceeded  to  the  consideration  of  the  re¬ 
port  of  the  Committee  on  the  Judiciary  ; 

The  question  being  on  the  amendment  submitted  by  Mr. 
Hebb  to  insert  as  an  additional  section,  to  follow  section  21, 
the  following : 

The  present  Judges  of  the  Circuit  Courts  shall  continue  to 
act  as  Judges  of  the  respective  Circuit  Courts  within  the  Ju¬ 
dicial  Circuits  in  which  they  respectively  reside,  until  the 
expiration  of  the  term  for  which  they  were  respectively  elect¬ 
ed,  and  until  their  successors  are  elected  and  qualified,  viz  : 
the  present  Judges  of  the  first  second,  third,  fourth,  sixth 
and  eighth  Judicial  Circuits,  as  organized  at  the  time  of  the 
adoption  of  this  Constitution,  shall  continue  to  act  as  Judges 


653 


respectively  of  the  first,  second,  fourth,  fifth,  ninth  and 
twelfth  Judicial  Circuits,  as  organized  under  this  Constitu¬ 
tion  ;  and  an  election  for  Judges  of  the  third,  sixth,  seventh 
eighth,  tenth  and  eleventh  Judicial  Circuits  shall  be  held  on 
Tuesday  next  after  the  first  Monday  of  November,  eighteen 
hundred,  and  sixty-four  '  ° 

Aa.  Parran  submitted  the  following  amendment  to  the 
amendment : 

Insert  after  the  word  “elected,”  in  the  fifth  line  the  words 

01  until  they  shall  have  attained  the  age  of  seventy  years  *” 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Hebb, 

It  was  decided  in  the  affirmative. 

Mr.  Thomas  submitted  the  following  amendment: 

Insert  as  an  additional  section  the  following : 

ktSec. .  .  The  present  Judges  of  the  several  Courts  of  Bal¬ 

timore  city  shall  continue  to  act  as  such  until  the  expiration 
of  the  terms  for  which  they  were  respectively  elected,  and 
until  their  successors  ar<3  elected  and  qualified 

Decided  in  the  affirmative. 

Mr.  Hebb  moved  to  reconsider  the  vote  by  which  section 
twenty-four  was  adopted  : 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment: 

Sec.  24,  line  five,  strike  out  the  words  “for  members  of  the 
General  Assembly  thereafter,”  and  insert  “thereafter  wheth¬ 
er  for  members  of  the  General  Assembly  or  for  county  officers 
whichever  shall  first  occur 

Decided  in  the  affirmative. 

Mr.  Hebb  submitted  the  following  amendment : 

Insert  as  section  thirty-eight  the  following  : 

.  “Sec-  38.  In  the  event  of  a  vacancy  in  the  office  of  a  Jus¬ 
tice  of  the  Peace,  the  Governor  shall  appoint  a  person  to 
serve  as  Justice  of  the  Peace  for  the  residue  of  the  term  ;  and 
in  case  of  a  vacancy  in  the  office  of  Constable,  the  County 
Commissioners  of  the  county  in  which  the  vacancy  occurs 
or  the  Mayor  and  City  Council  of  Baltimore,  as  the  case  may 


\ 


654 


be,  shall  appoint  a  person  to  serve  as  Constable  for  the  resi¬ 
due  of  the  term  ;  ’ 7 

Decided  in  the  affirmative. 

Mr.  Galloway  (seconded  by  Messrs.  Thomas  and  Markey,) 
moved  to  re-consider  the  vote  by  which  section  thirty-seven 
was  adopted  ; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Smith,  of  Carroll  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Affirmative. 


Messrs. 

Duvall, 

Negley, 

Annan, 

Ecker, 

Parran, 

Audoun, 

Galloway, 

Kidgely, 

Baker, 

Hatch, 

Sands, 

Barron, 

Hoffman, 

Schlosser, 

Billingsley, 

Johnson, 

Smith,  of  Carroll 

Briscoe, 

Keefer, 

Smith,  of  Dor., 

.  Brooks, 

Kennard, 

Swope, 

Carter, 

King, 

Thomas, 

Cunningham, 

Larsh, 

Todd, 

Davis,  of  Charles, 

Markey, 

Turner, 

Davis,  of  Wash., 

Mayhugh, 

Wickard, 

Wooden — 38. 

Dellinger, 

Morgan, 

Negative. 

Messrs. 

Greene, 

Nyman, 

Goldsborough,  Ft. 

Hebb, 

Parker, 

Abbott, 

Henkle, 

Peter, 

Blackiston, 

Hollyday, 

Pugh, 

Bond, 

Hopkins, 

Purnell, 

Brown, 

Hopper, 

Russell, 

Chambers, 

Horsey, 

Scott, 

Clarke, 

Lansdale, 

Smith,  of  Wor. 

Crawford, 

Lee, 

Sneary, 

Cushing, 

Marbury, 

Stirling, 

Daniel, 

McComas, 

Stockbridge, 

Dent, 

Miller, 

Sykes, 

Earle, 

Mullikin, 

Yalliant, 

Farrow, 

Murray, 

Wilmer — 41 . 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


655 


Mr.  Thomas  submitted  the  following  amendment : 

Sec.  • — .  All  causes  pending  in  the  several  Courts  of  Balti¬ 
more  city,  at  the  adoption  of  this  Constitution,  shall  be  pro¬ 
secuted  to  final  judgment  as  though  the  jurisdiction  of  the 
several  Courts  in  which  they  may  he  pending  had  not  been 
changed ; 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Stirling, 

The  report,  as  amended,  was  ordered  to  be  printed. 

On  motion  of  Mr.  Stockbridge, 

The  report  of  the  Committee  on  Tenure  of  Office,  Duties 
and  Compensation  of  Civil  Officers,  &c., 

Was  taken  up. 

By  general  consent,  Mr.  Stockbridge  submitted  the  follow¬ 
ing  amendment : 

Add  to  section  2:  In  case  of  vacancy  from  death,  resigna¬ 
tion,  or  any  other  cause,  the  Governor  shall  fill  such  vacancy 
until  the  next  general  election  in  the  State  thereafter,  when 
a  Commissioner  shall  be  elected  for  a  full  term  ensuing. 

Mr.  Stirling  submitted  the  following  amendment  to  the 
amendment : 

After  the  word  “election”  insert  “for  members  of  the  Gen¬ 
eral  Assembly  ;” 

Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  as  amended, 

It  was  decided  in  the  affirmative. 

Mr.  Stockbridge  (by  general  consent)  submitted  the  follow¬ 
ing  amendment : 

Sec.  3,  add,  In  case  of  a  vacancy  in  the  office  of  State  Li¬ 
brarian  from  death,  resignation  or  any  other  cause,  the  Gov¬ 
ernor  shall  fill  such  vacancy  until  the  next  meeting  of  the 
General  Assembly  thereafter  ; 

Decided  in  the  affirmative. 

Mr.  Hebb  (by  general  consent)  submitted  the  following 
amendment : 

Sec.  4.  Strike  out  all  from  the  word  “counties”  in  line  2, 
to  the  word  “said”  in  the  5th  line,  and  insert : 


656 


\ 


“An  election  for  County  Commissioners  shall  be  held  on 
rpuesclay  next  after  the  first  Monday  of  November/1865.  As 
nearly  one  half  as  may  be  of  said  Commissioners  shall  hold 
their  office  for  two  years,  and  the  other  half  for  four  years, 
and  at  the  first  meeting  after  their  election  and  qualification 
or  as  soon  thereafter  as  practicable,  they  shall  determine  by  lot 
which  of  their  number  shall  hold  his  office  for  two  and  four 
years  respectively,  and  thereafter  their  shall  be  elected  as 
aforesaid/at  each  general  election  for  county  officers  Commis¬ 
sioners  for  four  years  to  fill  the  places  of  those  whose  term 
has  expired 

Decided  in  the  affirmative. 


The  report,  as  amended,  was  then  read  the  third  time  and 
passed  by  yeas  and  nays  as  follows ; 


Messrs. 

Affirmative. 

Hoffman, 

Bussell, 

Goldsborough,  P't 

Hopkins, 

Sands, 

Abbott, 

Hopper, 

Schlosser, 

Annan, 

Keefer, 

Scott, 

Smith,  of  Carroll, 

Bn,ker, 

Kennard, 

Cunningham, 

Harsh, 

Smith,  of  Wor., 

Cushing, 

Markey, 

Sneary, 

Daniel, 

Mayliugh, 

Stirling, 

Davis,  of  Wash., 

Me  Comas, 

Stockbridge, 

Dellinger, 

Mullikin, 

Swope, 

Ecker, 

Negley, 

Thomas, 

Farrow, 

Parker, 

Todd, 

Galloway, 

Purnell, 

Valliant, 

Greene, 

Ridgely, 

Wooden-— 41 . 

Hebb, 

Negative. 

Messrs. 

Crawford, 

Lee, 

Billingsley, 

Dent, 

Marbury, 

Blackiston, 

Duvall, 

Miller, 

Bond, 

Hodson, 

Par  ran, 

Briscoe, 

Plollyday, 

Peter, 

Brown, 

Plorsey, 

Smith  of  Dor., 

Chambers, 

Johnson, 

Lansdale, 

Wilmer — 22. 

Clarke, 

On  motion  of  Mr. 

Stockbridge, 

The  report  of  the  Committee  on  Education  was  taken  up. 

Mr.  Stockbridge  moved  a  call  of  the  Convention  ; 

The  call  being  sustained, 


657 


\ 


Mr.  Stirling  moved  that  further  proceedings  under  the  call 
be  dispensed  with  ; 

Decided  in  the  negative. 

The  roll  was  then  called  and  the  following  members  re¬ 
sponded  : 

Messrs.  Goldsborough,  (President,)  Abbott,  Annan,  Au- 
doun,  Baker,  Barron,  Billingsley,  Blackiston,  Briscoe,  Brooks, 
Brown,  Carter,  Chambers,  Clarke,  Cunningham,  Cushing, 
Daniel,  Davis,  of  Charles,  Davis,  of  Washington,  Dellinger, 
Dent,  Duvall,  Ecker,  Earrow,  Galloway,  Greene,  Hatch, 
Hebb,  Hodson,  Hoffman,  Hollyday,  Hopkins,  Hopper,  Hor¬ 
sey,  Johnson,  Keefer,  Kennard,  Lansdale,  Larsh,  Lee,  Mar- 
bury,  Markey,  Mayhugh,  McComas,  Mullikin,  Negley,  Par¬ 
ker,  Peter,  Pugh,  Purnell,  Ridgely,  Russell,  Sands,  Schlos- 
ser,  Scott,  Smith,  of  Carroll,  Smith,  of  Dorchester,  Smith,  of 
Worcester,  Sneary,  Stirling,  Stockbridge,  Swope,  Sykes, 
Thomas,  Todd,  Valliant,  Wickard,  Wilmer,  Wooden — 68. 

On  motion  of  Mr.  McComas, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  report  of  the  Committee  on  Education  was  then  read  the 
third  time  and  passed  by  yeas  and  nays  as  follows  : 


Messrs. 


Affirmative. 

Galloway, 


Pugh, 

Purnell, 

Kidgely, 

Russell, 

Sands, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Yalliant, 

Wickard, 

Wooden — 56. 


Goldsborough  Pt.  Greene, 


Abbott, 

Annan,  * 
Audoun, 

Baker, 

Barron, 

Bond, 

Briscoe, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash. 
Dellinger, 

Earle, 

Ecker, 

Farrow, 


Hatch, 

Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Keefer, 

Kennard, 

King, 

Larsh, 

Markey, 

Mayhugh, 

McComas, 

Mullikin, 

Murray, 

Negley, 

Nyman, 

Parker, 


83 


\ 


658 


Messrs. 

Billingsley, 

Blackiston, 

Brown, 

Chambers, 

Clarke, 

Davis,  of  Charles. 


Negative. 

Dent, 

Duvall, 

Hodson, 

Hollyday,  • 

Horsey, 

Johnson, 


Lansdale, 

Lee, 

Marhury, 

Peter, 

Smith,  of  Dor., 
Wilmer — 18. 


On  motion  of  Mr.  Stockbridge, 


The  Report  of  the  Committee  on  the  Treasury  Department, 
was  taken  up,  read  the  third  time  and  passed  by  yeas  and 
nays  as  follows  : 


essrs. 

Affirmative. 

Farrow, 

Pugh, 

Abbott, 

Galloway, 

Purnell, 

Annan, 

Greene, 

Ridgely, 

Audoun, 

Hatch, 

Russell, 

Baker, 

Hebb, 

Sands, 

Barron, 

Billingsley, 

Hoffman, 

Schlosser, 

Hollyday, 

Scott, 

Bond, 

Hopkins, 

Smith,  of  Carroll 

Brooks, 

Hopper, 

Smith,  ofWor. 

Carter, 

Johnson, 

Sneary, 

Stirling, 

Chambers, 

Keefer, 

Cushing, 

Kennard, 

Stockbridge, 

Daniel, 

Davis,  of  Wash., 

Larsh, 

Swope, 

Markey, 

Sykes, 

Dellinger, 

May  h  ugh, 

Thomas, 

Dent, 

Earle, 

Mullikin, 

Todd , 

Negley, 

Yalliant, 

Ecker, 

Parker, 

Wooden — 53. 

essrs. 

Negative. 

Duvall, 

Mar  bury, 

Blackiston, 

Hodson, 

Par  ran, 

Briscoe, 

Horsey, 

Peter, 

Brown, 

Lansdale, 

Smith,  of  Dor. 

Davis,  of  Charles, 

Lee, 

Wilmer — 14. 

On  motion  of  Mr.  Chambers, 

Tne  rules  were  suspended  and  he  submitted  the  following 
order : 

Ordered,  That  the  Committee  on  the  Judiciary  be  directed 
to  enquire  into  the  expediency  of  inserting  in  the  Constitu- 


659 


Hmi  -I  provision  that  “in  all  cases  in  Law  or  Epmty  the  par- 
*  °  m.  v  by  agreement  select  some  one  learned  m  the  law  to 
act  aT/ud-m  fn  the  cause,  without  expense  to  the  State  and 
subject  to  such  regulations  as  the  Legislature  may  provide  , 

Which  was  adopted.  e  ,  -p 

The  Convention  proceeded  to  the  consideration  of  the  Re¬ 
port  on  the  Division  and  Suh-division  of  Counties. 

Mr.  Ridgely  (the  rules  being  suspended,)  submitted  the  o  - 

lowing  amendment .  ..  , 

Insert  in  fifth  line  after  the  word  county  “nor  shall  ie 

lines  proposed  to  be  changed  _ 

The  question  being  on  the  adoption  of  the  amen  men 

Mr.  Stockbridge  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  o  ows  . 

Affirmative. 

Duvall, 

Hoffman, 

Hollyday, 

Hopkins, 

Hopper, 

Horsey, 

Johnson, 


Messrs. 
Annan, 
Baker, 
Billingsley 
Blackiston, 
Bond, 
Briscoe, 
Carter, 
Chambers, 
Clarke, 
Crawford 


King, 


Lansdale, 

Larsh, 

Maybugli, 


Davis,  of  Charles,  Hegley 
Dent, 


Messrs 


Parker, 

Negative. 
Farrow, 


corns. 

Goldsborough,  P’t  Galloway, 
Abbott,  Hatch, 


Abbot  v, 
Audoun, 
Barron, 
Brooks, 
Brown, 
Cunningham, 
Cushing, 
Daniel, 
Dellinger, 
Ecker, 


Hatch, 

Id  ebb, 
Hodson, 
Keefer, 
Kennard, 
Lee, 
Markey, 
Me  Comas, 
Mullikin. 


Parran , 

Peter, 

Eidgely, 

Smith,  of  Carroll 
Smith,  of  Dor., 
Sneary, 

Sykes, 

Todd, 

Turner, 

Y  alii  ant, 
Wilmer, 

Wooden — 37. 


Pugh, 

Purnell, 

Bussell, 

Schlosser, 

Scott, 

Smith,  of  Wor., 
Stirling, 
Stockbridge, 
Swope, 

Thomas, 
Wickard — 33. 


660 


affir°matiyeqUeSti0n  Up0“  ite  adoPticm  was  decided  in  the 

submit  'a  n'amend  men  t  f  t0  SUSpe‘ld  ^  mleS  t0  e“able  him 

The  question  being  on  the  adoption  of  the  motion, 

Mi.  Ghambeis  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

Tne  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 

Davis,  of  Charles,  Lee, 

Dent, 


Messrs. 

Billingsley, 

Blackiston, 

Bond, 

Briscoe, 

Brown, 

Chambers, 

Clarke, 

Crawford, 

Messrs. 


Duvall, 

Hoffman, 

Holly  day, 

Horsey, 

Johnson, 

Lansdale, 

Larsh, 

Negative. 

Galloway, 


au  uvv, 

Golds  oorough,  P’t  Greene, 
Abbott, 

Annan, 

A  ado  my 
Baker, 

Barron,' 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash.' 

Ecker, 


Hatch, 
Hebh, 
Hopkins, 
Hopper, 
Keefer, 
Kennard, 
Markey, 
May  h  ugh, 
McComas, 
Mullikin, 

Negley, 

Parker, 


Mar  bury, 
Parran, 

Peter, 

Ridgely, 

Smith,  of  Dor., 
Sneary, 

Wilmer — *25. 


Pugh, 

Purnell, 

Russell, 

Schlosser, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Stirling. 
Stockbridge, 
Swope, 

Sykes, 

Todd, 

Valliant, 

Wickard, 

Wooden — 42. 


Farrow, 

negative?  <1Uestlon  upon  its  adoption  was  decided  in  the 

Mr .  Davis,  of  Charles,  moved  to  open  the  rennrf-  m  ,  n 
hnn  to  move  to  strike  out  the  2nd  section  ;  1  6nable 

Decided  in  the  negative. 

aJt;r.rl *»“.  *»J  I~I  by  y... 

Affirmative. 

Messrs.  Greene  m 

Goldsborough,  P’t  Hatch,’  Kidgely, 


661 


Abbott, 

Annan ; 

Audoun, 

Baker, 

Barron, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Ecker, 

Farrow, 

Galloway, 


Hebb, 

Hoffman, 

Hopkins, 

Hopper, 

Keefer, 

Kennard, 

Larsh, 

Mar  key, 

May  h  ugh, 

Me  Com  as, 

Mullikin, 

Negley, 

Parker, 

Pugh, 


Russell, 

Schlosser, 

Smith,  of  Carroll, 
Smith  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Yalliant, 

Wickard, 

Wooden — 48. 


Messrs. 

Billingsley, 

Blackiston, 

Bond, 

Brown, 

Chambers, 

Clarke, 


Negative. 

Crawford, 

Davis,  of  Charles, 
Dent, 

Duvall, 

Hollyday, 

Horsey, 

Johnson, 


Lansdale, 

Lee, 

Mar  bury, 
Parran, 

Peter, 

Smith,  of  Dor., 
Wilmer — 20. 


Messrs.  Pugh  Wickard,  Blackiston  and  Negley  were  ex- 
ciised  ftom  attending  the  session  of  the  Convention  until  to- 
moirow,  and  Mr.  Hooper  until  Friday. 

On  motion  of  Mr.  Davis  of  Washington, 

Ihe  Convention  took  a  recess  until  half  past  three  o’clock. 


AFTERNOON  SESSION. 

The  Convention  met  at  3-J  o’clock.  P.  M. 

All  the  members  present  except  the  following : 

Messrs.  Belt,  Berry,  of  Baltimore  County,  Berry  of  Prince 

ford' n  * j  hi  ' n S-sleh’,B! ac,d'sto n >  Bond,  Briscoe,  Clarke,  Craw- 
foul,  Dad,  Dennis,  Edelen,  Gale,  Harwood,  Henkle,  Hodson, 


Hopper  Johnson,  Jones,  of  Cecil,  Jones,  of  Somerset,  Larsh, 
Mace  Marbury,  Mayhugh,  Mitchell,  Miller  Murray,  -Noble, 
Peter,  Pugh!  Robinette,  SMiley,  Smith,  of  Dorchester,  Thurs¬ 
ton — 34. 

On  motion  of  Mr.  Stockbridge, 

The  report  of  the  Committee  on  State’s  Attorneys  was  ta¬ 
ken  up,  read  the  third  time  and  passed  by  yeas  and  nays  as 

follows  : 

Awtumative. 


Messrs. 

Goldsborough,B’t 

Abbott, 

Arman, 

Andoun, 

Baker, 

Barron, 

Brooks, 

Carter, 

Cb  ambers, 

Cunningham, 

Cashing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Dent, 

Duvall, 


Ecker, 

Farrow, 

Galloway, 

Greene, 

Hatch, 

Hebb, 

Hopkins, 

Kennard, 

Markey, 

McComas, 

Morgan, 

Mullikin, 

Negley, 

Barker, 

Purnell, 

Ridgely, 


Negative. 


Messrs. 

Brown, 


Hollyday, 

Horsey, 


Bussell, 

Sands, 

Sclrlosser, 

Scott, 

Smith  of  Carrroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Valliant, 
Wickard, 
Wooden — 48. 


Lee — 4. 


On  motion  of  Mr.  Stockbridge, 

The  report  of  the  Committee  on  the  Militia  and  Military 
affairs  was  taken  up,  read  the  third  time,  and  passed  by  yeas 

and  nays  as  follows  : 


Affirmative. 


Messrs. 

Goldshorough,  Pfc. 
Abbott, 

Annan, 

Andoun, 

Baker, 

Barron, 

Brooks, 


Dellinger, 
Ecker, 
Farrow, 
Galloway , 


Greene 
Hatch , 
Hebb, 
Hollyday, 


Ridgely, 

Bussell, 

Sands, 

Schlosser, 

Scott, 

Smith,  of  Wor., 


663 


Brown, 

Kennard, 

Stockbridge, 

Carter, 

Markey, 

Swope, 

Chambers, 

Cunningham, 

McComas, 

Sykes, 

Mullikin, 

Thomas, 

Cushing, 

Negley, 

Todd, 

Daniel, 

Parker, 

Valliaut, 

Davis,  of  Wash. 

Purnell, 

Negative. 

Wooden — 44 

essrs. 

Horsey, 

Morgan, 

Dent, 

Lee, 

Marburv, 

Turner, 

Duvall, 

Wickard — S. 

Mr.  Daniel  moved  that  the  Convention  proceed  to  the  con¬ 
sideration  of  the  report  of  the  Committee  on  Schedule. 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Chambers  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Farrow, 

Galloway, 

Sands, 

Goldsborough,  P’t 

Schlosser, 

Abbott, 

Greene, 

Scott, 

Annan, 

Hatch , 

Smith,  of  Wor. 

Audoun , 

Hebb, 

Sneary, 

Baker, 

Barron, 

Kennard, 

Stirling, 

Markey, 

Stockbridge, 

Brooks, 

McComas, 

Swope, 

Carter, 

Mullikin , 

Sykes, 

Cunningham, 

Negley, 

Thomas, 

Cushing, 

Parker, 

Todd, 

Daniel, 

Purnell, 

Yalliant, 

Davis,  of  Wash., 

Ridgely, 

Wickard. 

Dellinger, 

Ecker, 

Russell, 

Negative. 

Wooden — 42. 

Messrs. 

Iiollyday, 

Marbury, 

Brown, 

ILorsev, 

Miller, 

Chambers, 

Lansdale, 

Morgan, 

Dent, 

Lee, 

Turner — 12. 

Duvall, 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

4 


664 


On  motion  of  Mr.  Ridgely, 

The  rules  were  suspended  and  he  submitted  the  following 
order  : 

Ordered,  That  four  copies  of  the  Constitution  when  finally 
adopted  by  the  Convention,  he  copied  on  parchment  or  detach¬ 
ed  sheets  of  hill  paper,  that  the  same  he  subscribed  by  the  Pre¬ 
sident  and  Members  of  the  Convention,  attested  by  the  Sec¬ 
retary,  and  that  one  copy  thereof  be  deposited  with  the  Exe¬ 
cutive,  one  copy  with  the  Clerk  of  the  Court  of  Appeals,  one 
copy  with  the  Comptroller,  and  one  copy  with  the  Librarian. 

Which  was  adopted. 

The  Convention  proceeded  to  the  consideration  of  the  re¬ 
port  of  the  Committee  on  Schedule  ; 

Mr.  Stockbridge  submitted  the  following  amendment: 

Sec.  1,  line  1,  strike  out  “officer”  and  insert  “person  hold¬ 
ing  any  office  created  by  or  existing  under  the  Constitution 
or  Laws  ;” 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  amendment  : 

Sec.  1,  line  9,  strike  out  the  word  “Treasurer”  and  insert 
the  word  “Comptroller;” 

Decided  in  the  affirmative. 

Mr.  Thomas  submitted  the  following  amendment : 

Sec.  1,  strike  out  all  after  the  word  “yearly,”  in  the  9th 
line  to  the  word  “and”  in  the  10th  line,  and  insert  the  words 
“to  the  County  Commissioners  of  the  several  counties,  and 
to  the  Register  of  the  Mayor  and  City  Council  of  Baltimore  ; 

Decided  in  the  negative. 

Mr.  Stirling  submitted  the  following  amendment : 

After  the  word  “direct”  in  line  5,  insert: 

“But  such  portion  of  such  excess  as  has  been  paid  by  any 
county  or  the  city  of  Baltimore  shall  be  paid  over  by  the 
Treasurer  of  the  State  to  such  county  or  city  respectively;” 

Decided  in  the  negative. 

Mr.  Clarke  submitted  the  following  amendment : 

Sec.  1.  Strike  out  the  words  “Treasurer  of  the  State”  in 
line  13,  and  insert  “the  County  Commissioners  of  the  several 
counties  and  the  Register  of  the  city  of  Baltimore;” 


The  question  being  on  the  adoption  of  the  amendment : 
Mr.  Stirling  demanded  the  yeas  and  naysj 
The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Audoun, 

Brooks, 

Brown, 

Clarke, 

Cunningham, 


Cushing, 

Duvall, 

Hatch, 

Kennard, 

Marbury, 

Negative. 


Messrs. 

Goldsbo  rough,  P  ’  t 
Abbott, 

Annan, 

Baker, 

Carter, 

Chambers, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Dent, 

Ecker, 

Farrow, 


Gal  low7  ay, 
Greene, 
Hebb, 
Holly  day, 
Plorsey, 
Ivin  °' 
Lansdale, 
Lee, 

McComas, 

Miller, 

Mullikin, 

Negley, 


Markey, 

Stirling, 

Stockbridge, 

Sykes, 

Thomas — 15. 


Parker, 

Purnell, 

Ridgely, 

Russell, 

Scott, 

Smith,  of  Wor., 
Sneary, 

Swope, 

Todd, 

Variant, 
Wickard, 
Wooden — 36. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


Mr.  Miller  submitted  the  following  amendment: 

Strike  out  section  two  ; 

Decided  in  the  negative. 

Mi .  Miller  submitted  the  following  amendment  :  * 

Strike  out  section  two  and  insert : 

Sec.  2.  1  he  Common  Law  now  in  force  shall  remain  in 
orce  as  heretofore  until  altered  by  the  General  Assemblv, 
and  the  Statute  Laws  now7  in  force  and  not  repugnant  to  this 
Constitution  shall  remain  in  force  until  they  expire  or  are 
altered  by  the  General  Assemblv 

Decided  in  the  negative. 

Mi.  Duvall  submitted  the  following  amendment : 

84 


666 


Add  to  end  of  section  the  words  “provided  such  vested 
powers  do  not  interfere  or  conflict  with  those  rights  guaran¬ 
tied  hv  the  Constitution  of  the  United  States 

V 

Decided  in  the  negative. 

Mr.  Ridgely  submitted  the  following  amendment: 

Sec.  6,  line  one  strike  out  the  word  “may,”  and  insert  the 
word  “shall 

Decided  in  the  affirmative. 

Mr.  Chambers  submitted  the  following  amendment: 

Strike  out  section  six  ; 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Negley, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 


The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Berry,  of  Baltimore  County,  Berry,  of  Prince 
George’s,  Billingsley,  Blackistnn,  Bond,  Crawford,  Dail, 
Davis,  of  Charles,  Dennis,  Edelen,  Gale,  Harwood,  Hod- 
son,  Hoffman,  Hopkins,  Hopper,  Johnson,  Jones,  of  Somerset, 
Keefer,  Larsh,  Mace,  Markey,  Mayhugh,  Mitchell,  Noble, 
Peter,  Pugh,  Robinette,  Smith,  of  Dorchester,  Swope,  Thrus- 
ton,  Wilmer — 32. 

The  Convention  resumed  the  consideration  of  the  Report 
of  the  Commtttee  on  Schedule  ; 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Chambers,  to  strike  out  the  6th  Section  of  the 
Report, 

It  was  decided  in  the  negative. 


667 


Mr.  Duvall  submitted  the  following  amendment  : 

Sec.  8.  Amend  by  striking  out  “not  inconsistent  with  this 
Constitution,”  in  the  2nd  line. 

Decided  in  the  negative. 

Mr.  Stockbridge  submitted  the  following  amendment : 

Insert  as  an  additional  section  the  following  : 

Sec.  10.  it  shall  be  the  duty  of  the  Governor  immediately 
after  the  adoption  of  this  Constitution,  to  appoint  two  “Com¬ 
missioners  of  Revision,”  whose  duty  it  shall  be  to  prepare 
and  present  to  the  General  Assembly  at  its  lirst  session  there¬ 
after.  drafts  of  all  bills  which  the  General  Assembly  are  re¬ 
quired  by  this  Constitution  to  pass,  or  which  may  be  neces¬ 
sary  to  carry  into  effect  its  provisions. 

The  Commissioners  of  Revision  shall  also  proceed  with  all 

reasonable  dispatch,  to  revise  the  Code  oi  the  State,  embod}- 

ino-  in  it  all  existing  laws  not  now  incorporated  therein,  omit- 

tino-  all  superfluous  words  and  enactments,  and  all  such  as 

have  ceased  to  affect  existing  rights,  condensing  the  whole 

into  as  concise  a  form  as  is  consistent  with  a  full  and  clear 

expression  of  the  law,  and  suggesting  any  errors  or  omissions 

which  may  be  found  to  exist  therein,  and  the  best  mode  of 
%/ 

rectifying  the  same. 

They  shall  report  the  Code  so  revised,  .to  the  General  As¬ 
sembly  for  its  approval,  and  while  the  bills  so  prepared,  and 
the  Code  so  revised  by  them,  shall  be  under  consideration, 
shall  be  entitled  to  seats  upon  the  floor  of  the  Senate  or  House 
of  Delegates,  and  to  take  part  in  the  discussions  thereof,  but 
without? the  right  of  voting  thereon. 

On  motion  of  Mr.  Schley, 

The  subject  was  divided, 

The  question  being  on  the  first  branch  of  the  amendment, 
to  wit : 

Sec.  10.  It  shall  be  the  duty  of  the  Governor  immediately 
after  the  adoption  of  this  Constitution,  to  appoint  two  “Com¬ 
missioners  of  Revision,”  whose  duty  it  shall  be  go  piepaie 
and  present  to  the  General  Assembly  at  its  first  session  there¬ 
after,  drafts  of  all  bills  which  the  General  Assembly  are  re¬ 
quired  by  this  Constitution  to  pass,  or  which  may  be  neces- 
sarv  to  carry  into  effect  its  provisions. 

Mr.  Stockbridge  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 


668 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Greene, 

Schley, 

Abbott, 

Hatch, 

Scott, 

Annan, 

Hebb, 

Stockbridge, 

Audoun, 

Jones,  of  Cecil, 

Sykes, 

Thomas, 

Brooks, 

Daniel, 

McComas, 

Eidgely, 

Todd, 

Dellinger, 

Russell, 

Valliant — 22. 

Harrow, 

Sands, 

Negative. 

Messrs. 

Dent, 

Duvall, 

Mullikin, 

Goldsborough,  PH 

Negley, 

Baker, 

Ecker, 

Parker, 

Barron, 

Galloway, 

Purnell, 

Belt,  • 

Henkle, 

Schlosser, 

Briscoe, 

Hollyday, 

Smith,  of  Carroll 

Brown, 

Horsey, 

Smith,  of  Wor., 

Carter, 

Kennard, 

Sneary, 

Chambers, 

Km  °' 

Stirling, 

Clarke, 

Lansdale, 

Swope, 

Turner, 

Crawford, 

Lee, 

Cunningharp, 

Mar  bury, 

Wickard, 

Cushing, 

Miller, 

Wooden — 40. 

Davis,  of  Wash., 

Morgan, 

So  the  question  upon  its  adoption  was  decided  in  the  ne^a- 
tive. 


The  question  recurring  upon  the  second  branch  of  the 

amendment,  to  wit : 

/ 

The  Commissioners  of  Revision  shall  also  proceed  with  all 
reasonable  dispatch,  to  revise  the  Code  of  the  State,  embody¬ 
ing  in  it  all  existing  laws  not  now  incorporated  therein,  omit¬ 
ting  all  superfluous  words  and  enactments,  and  all  such  as 
have  ceased  to  affect  existing  rights,  condensing  the  whole 
into  as  concise  a  form  as  is  consistent  with  a  full  and  clear  ex¬ 
pression  of  the  law,  and  suggesting  any  errors  or  omissions 
which  may  be  found  to  exist  therein,  and  the  best  mode  of 
rectifying  the  same. 

They  shall  report  the  Code  so  revised,  to  the  General  As¬ 
sembly  lor  its  approval,  and  while  the  bills  so  prepared,  and 
the  Code  so  revised  by  them,  shall  be  under  cansideration, 
shall  be  entitled  to  seats  upon  the  door  of  the  Senate  or  House 
of  Delegates,  and  to  take  part  in  the  discussions  thereof,  but 
without  the  right  of  voting  thereon. 


669 


It  was  withdrawn. 

Mr.  Briscoe  submitted  the  following  amendment  : 

Add  to  the  1st  Section  : 

« 

And  at  said  election  a  vote  upon  the  adoption  or  rejection 
of  the  40th  section  of  the  article  on  the  Legislature  Depart¬ 
ment  be  submitted  and  taken  separately,  and  apart  from  all 
other  sections  therein,  and  it  upon  the  casting  up  of  the  votes 
thereon  it  shall  appear  that  a  majority  of  the  voters  of  this 
State  shall  be  opposed  thereto  that  the  said  article  shall  be 
inoperative  and  of  no  effect,  otherwise  to  be  and  remain  in  full 
force  and  effect  in  law; 

Mr.  Abbott  called  the  previous  question, 

The  question  being, 

‘ ‘Shall  the  main  question  he  now  put?” 

Mr.  Clarke  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

I  he  yeas  and  nays  were  called  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 


Ecker, 

Farrow, 

Galloway, 

Greene, 

Hatch , 

FI  ebb, 

Jones,  of  Cecil, 

Kennard, 

McComas, 

Mullikin, 

Hyman, 

Parker, 

Purnell, 

Russell, 


Sands, 

Schley, 

Schlosser; 

Scott, 

Smith,  of  Wor., 
Sneary, 

Stirling, 

Swope, 

Sykes, 

Todd, 

Yalliant, 
Wickard, 
Wooden — 40, 


Negative. 


Messrs. 


Duvall, 

Horsey, 


Belt, 

Briscoe, 

Clarke, 

Crawford 

Bent, 


Miller, 

Morgan, 


Lansdale, 

Marburv, 

i/  j 


Stockbridge, 
Thomas — 16. 


Par  ran 


So  tfye  call  for  the  previous  question  was  sustained. 


670 


The  question  then  being  on  the  adoption  or  the  amendment 
submitted  by  Mr.  Briscoe  ; 

Mr.  Briscoe  demanded  the  yeas  and  nays  , 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Belt, 

Briscoe, 

Clarke, 

Crawford, 


Dent, 

Duvall, 

Horsey, 

Lansdale, 

Negative. 


Marbury, 
Miller, 
Morgan, 
Parran — 12. 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 

Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 


Galloway, 

Greene, 

Hatch, 

Hebb, 

Jones,  of  Cecil 

Kennard, 

King, 

McComas, 

Mullikin , 

Murray, 

Negley, 

Nyman, 

.  Parker, 
Purnell, 
Ridgely, 
Bussell, 


Sands, 

Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Thomas, 

Todd, 

Yalliant, 
Wickard, 
Wooden — 48. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

The  question  recurring  upon  the  adoption  ot  section  1, 
of  the  second  part  of  the  report: 


Mr.  Duvall  demanded  the  yeas  and  nays, 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs.  Galloway,  Sands, 

Goldsborough,  P’t  Greene,  Schley, 

Abbott,  Hatch,  Schlossei, 


671 


Annan, 

Hebb, 

Scott, 

Audoun, 

Jones,  of  Cecil, 

Smith,  of  Carroll, 

Baker, 

Kennard, 

Smith,  ofWor., 

Barron, 

King 

Sneary, 

Brooks, 

McComas, 

Stirling, 

Carter, 

Cunningham, 

Mullikin, 

Stockbridge, 

Murray, 

Swope, 

Sykes, 

Cushing, 

Negley, 

Daniel, 

Nyman, 

Thomas, 

Davis,  of  Wash., 

Parker, 

Todd, 

Dellinger, 

Purnell, 

Yalliant, 

Ecker, 

Kidgely, 

Wickard, 

Farrow, 

Russell, 

Negative. 

Wooden — 47. 

Messrs.  » 

Dent, 

Marbury, 

Belt, 

Duvall, 

Miller, 

Briscoe, 

Horsey, 

Morgan, 

Parran — 12. 

Clarke, 

Crawford, 

Lansdale, 

So  the  question 
affirmative. 

upon  its  adoption 

was  decided  in  the 

On  motion  of  Mr.  Purnell, 
The  Convention  adjourned. 


THURSDAY,  September  1st,  1864. 

The  Convention  met  at  9^  o’clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  McNemar. 

Ail  the  members  present  except  the  following  : 

Messrs.  Audoun,  Berry,  of  Baltimore  county,  Berry,  of 
Prince  George’s,  Billingsley,  Bond,  Davis,  of  Charles,  Den¬ 
nis,  Edelen,  Farrow,  Gale,  Harwood,  Hoffman,  Hopkins, 
Hopper,  Jones,  of  Somerset,  Keefer,  Larsh,  Mace,  Mayhugh, 
Mitchell,  Negley,  Noble,  Parker,  Peter,  Robinette,  Sands, 
Schley,  Sykes,  Thruston,  Turner. — 30. 

t 


672 


The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  McComas  submitted  the  following  order  : 

Ordered,  That  the  Folders  and  Post  Masters,  and  whoever 
shall  have  the  authority  to  attend  to  their  duties,  after  the 
adjournment  of  the  Convention,  be  instructed  not  to  fold  or 
frank  any  other  printed  matter  than  such- as  has  been  pub¬ 
lished  by  authority  of  the  Convention  ; 

Which  was  adopted. 

On  motion  of  Mr.  Hebb, 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  Committee  on  Revision  and  Engrossment  in  reference 
to  amendments  to  the  Declaration  of  Rights,  (page  434  Jour¬ 
nal  ;) 

On  motion  of  Mr.  Hebb, 

The  said  report  was  concurred  in. 

The  Convention  then  proceeded  to  the  consideration  of  the 
report  of  the  Committee  on  Schedule  ; 

Mr.  Henlde  submitted  the  following  amendment : 

Add  at  the  end  of  2nd  Section, 

And  in  case  any  organized  military  or  armed  force  of  the 
United  States,  shall  appear  at  the  places  where  the  polls  shall 
be  held,  and  shall  interfere  with  said  election,  unless- such 
military  or  armed  force  shall  be  called  out  by  the  Judges  of 
election  or  other  civil  authority  charged  with  the  preserva¬ 
tion  of  the  peace,  the  said  Judges  of  election  shall  under  oath 
certify  to  the  Governor  such  unwarranted  military  interfer¬ 
ence  with  said  election  in  such  election  district  or  precinct ; 
and  the  Governor  shall  immediately  thereupon,  order  a  new 
election  after  ten  days  notice,  to  be  given  by  the  sheriff  as 
aforesaid,  in  such  election  district  or  precinct  ;  and  such  new 
election  shall  be  held  and  conducted  in  the  manner  and  form 
hereinbefore  provided,  and  the  Governor  shall  order  a  new 
election  from  time  to  time,  as  often  as  such  illegal  military  or 
armed  interference  with  the  election  shall  be  certified  to  him 
as  aforesaid. 

The  question  being  on  the  adoption  of  the  amendment  ; 

Mr.  Henkle  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appears  as  follows  : 


673 


Affirmative. 


Messrs. 

Dent, 

Marbury, 

Belt, 

Duvall, 

Mitchell, 

Blackistou, 

Edelen, 

Miller, 

Briscoe, 

Henkle, 

Morgan, 

Brown, 

Chambers, 

Hodson, 

Parran, 

Hollyday, 

Peter, 

Clarke, 

Horsey, 

Smith,  of  Dor., 

Crawford, 

Johnson, 

Turner, 

Dail, 

Lansdale, 

Wilmer — 28. 

Davis,  of  Charles, 

Lee, 

Negative. 

Messrs. 

Galloway, 

Ridgely, 

G-oldsborough,  P’t 

Greene, 

Russell, 

Abbott, 

Hatch, 

Schlosser, 

Annan, 

Hebb, 

Scott, 

Audoun, 

Jones,  of  Cecil, 

Sneary, 

Baker, 

Ivennard, 

Stirling, 

Barron, 

Kin  o* 

Stockbridge, 

Brooks, 

Markey, 

Swope, 

Thomas, 

Carter, 

McComas, 

Cunningham, 

Mullikin, 

Todd 

Cushing, 

Parker, 

Valliant, 

Daniel, 

Pugh, 

Wickard, 

Davis,  of  Wash., 
Dellinger, 

Purnell, 

Wooden — 39. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Dent  submitted  the  following  amendment. 

Strike  out  all  after  the  word  “conducted,”  in  the  5th  line 
to  the  end  of  the  tenth  line  ; 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Dellinger, 

The  Convention  took  a  recess  until  half-past  three  o’clock. 


85 


674 


AFTERNOON  SESSION. 


The  Convention  met  at  3^  o’clock,  P.  M. 

All  the  members  present  except  the  following: 

Messrs.  Abbott,  Berry,  of  Baltimore  county,  Berry,  ot 
Prince  George’s,  Bond,  Briscoe,  Brown,  Carter,  Daniel,  Den¬ 
nis,  Duvall,  Farrow,  Gale,  Harwood,  Hodson,  Hoffman, 
Hopkins,  Hopper,  Jones,  of  Somerset,  Keefer,  Larsh,  Mace, 
Mayhugh,  Miller,  Negley,  Noble,  Peter,  Ridgely,  Robinette, 
Sands,  Schley,  Schlosser,  Sykes,  Thruston. — 33. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  Committee  on  the  Schedule; 

The  question  being  on  the  adoption  of  the  amendment  sub¬ 
mitted  by  Mr.  Dent,  to  wit : 

Strike  out  all  between  the  word  c  ‘conducted”  in  the  5th 
line  to  the  end  of  the  10th  line  ; 

Mr.  Barron  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

Mr.  Marbury  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 


Affirmative. 

Ecker, 


Pugh, 

Purnell, 

Russell, 

Schlosser, 

Scott, 

Smith,  of  Wor. , 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Todd, 

Wooden — 35. 


Goldsborough,  P’t  Galloway 


Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 


Davis,  of  Wash. , 
Dellinger, 


Cushing, 

Daniel, 


Cunningham, 


Greene, 

Hebb, 

Jones,  of  Cecil, 
Kennard, 

King, 

Markev, 

McComas, 

Mullikin, 

Murray, 

Parker, 


Negative. 


Messrs.  • 
Belt, 

Billingsley 


Dent, 

Duvall, 

Edelen, 


Marbury, 

Mitchell, 

Miller, 


Blackiston, 

Brown, 

Chambers, 

Crawford, 

Davis,  of  Charles, 


Hollyday, 

Horsey, 

Johnson, 

Lansdale, 

Lee, 


Morgan, 

Parran, 

"Ppf ;pr 

Smith,  of  Dor., 
Turner — 23. 


So  the  call  for  the  previous  question  was  sustained. 


The  question  then  being  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Dent  ; 

/  % 
Mr.  Dent  demanded  the  yeas  and  nays. 


The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Dent, 

Marbury, 

Belt, 

Duvall, 

Mitchell, 

Billingsley, 

Edelen, 

Miller, 

Blackiston, 

Henkle, 

Morgan, 

Brown, 

Hollyday, 

Parran, 

Chambers, 

Horsey, 

Peter, 

Crawford, 

Johnson, 

Smith,  of  Dor. , 

Dail, 

Davis,  of  Charles, 

Lansdale, 

Lee, 

Negative. 

Turner — 25. 

Messrs. 

Ecker, 

Galloway, 

Pugh, 

Goldsborough,  P’ t 

Purnell, 

Abbott, 

Greene, 

Russell. 

Annan, 

Hebb, 

Schlosser, 

Audoun, 

Jones,  of  Cecil, 

Scott, 

Baker, 

Kennard, 

Smith,  of  Wor. , 

Barron, 

King, 

Sneary, 

Cunningham, 

Markey, 

Stirling, 

Cushing, 

McComas, 

Stockbridge, 

Daniel, 

Mullikin, 

Swope, 

Davis,  of  Wash., 

Murray, 

Todd, 

Dellinger, 

Parker, 

Wooden — 35. 

So  the  question 
negative. 

upon  its  adoption 

was  decided  in  the 

The  question  recurring  upon  the  a< 
of  the  second  part  of  the  report ; 

doption  of  section  two 

Mr.  Duvall  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 


676 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Ecker, 

Pugh, 

Goldsborough,  P’t 

Galloway, 

Purnell, 

Abbott, 

Greene, 

Russell, 

Annan, 

Hebb, 

Schlosser, 

Audoun, 

Jones,  of  Cecil, 

Scott, 

Baker, 

Kennard, 

Smith,  of  Wor., 

Barron, 

King, 

Sneary, 

Cunningham, 

Markey, 

Stirling, 

Cushing, 

McComas, 

Stockbridge, 

Daniel, 

Mullikin, 

Swope, 

Davis,  of  Wash., 

Murray, 

Todd, 

Dellinger, 

Parker, 

Negative. 

Wooden — 35. 

Messrs. 

Dent, 

Mar  bury, 

Belt, 

Duvall, 

Mitchell, 

Billingsley, 

Edelen, 

Miller, 

Blackiston, 

Henkle, 

Morgan , 

Brown, 

Hollyday, 

Parran, 

Chambers, 

Horsey, 

Peter, 

Crawford, 

Johnson, 

Lansdale, 

Smith,  of  Dor., 

Dail, 

Turner — 25. 

Davis,  of  Charles, 

Lee, 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


Mr.  Edelen  gave  notice  that  at  the  proper  time  he  would 
submit  the  following  amendment : 

Insert  as  an  additional  section,  the  following: 

Sec.  — .  The  obligation  of  the  Judges  of  Election  to  ad¬ 
minister  the  oath  required  in  section  two,  shall  only  exist  in 
those  cases  whenever  the  vote  of  the  person  offering  to  vote 
may  be  challenged. 

Mr.  Belt  submitted  the  following  amendment  : 

Strike  out  section  one  of  the  third  part  of  the  Report ; 

Decided  in  the  negative. 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

Sec.  2,  of  part  three,  line  one,  strike  out  the  word  “may,” 
and  insert  the  word  “shall 


677 


The  question  being  on  the  adoption  of  the  amendment  ; 
Mr.  Davis,  of  Charles,  demanded  the  yeas  and  nays  ; 
The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Affirmative. 


Messrs. 

Duvall, 

Marburj^, 

Belt, 

Edelen, 

Mitchell, 

Billingsley, 

Henkle, 

Miller, 

Blackiston, 

Plollyday, 

Morgan, 

Parker, 

Brown, 

Chambers, 

Horsey, 

Johnson, 

Parran, 

Crawford, 

Lansdale, 

Smith,  of  Wor., 

Davis,  of  Charles, 

Lee, 

Turner — 24. 

Dent, 

Negative. 

% 

Messrs.  ' 

Dellinger, 

Pugh, 

Goldsborough,  PH 

Ecker, 

Purnell, 

Abbott, 

Galloway, 

Russell, 

Annan, 

Greene, 

Schlosser, 

Audoun, 

Hebb, 

Scott, 

Baker, 

Jones,  of  Cecil, 

Smith,  of  Dor., 

Barron, 

Kennard, 

Sneary, 

Carter, 

Markey, 

Stirling, 

Cunningham, 

McComas, 

Stockbridge, 

_  Cushing, 

Mullikin, 

Swope, 

Todd, 

Daniel, 

Nyman, 

Davis,  of  Wash., 

Peter, 

Wooden — 35. 

So  the  question  upon  its  adoption 
negative. 

was  decided  in  the 

On  motion  of  Mr. 

.  Davis,  of  Washington, 

The  Convention  took  a  recess  until  8  o'clock. 

678 


\ 


EVENING  SESSION. 

The  Convention. met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Belt,  Berry,  of  Baltimore  county,  Berry,  of 
Prince  George’s,  Bond,  Briscoe,  Brooks,  Brown,  Chambers, 
Clarke,  Dennis,  Farrow,  Gale,  Harwood,  Hatch,  Henkle, 
Hoffman,  Hopkins,  Jones,  of  Somerset,  Larsh,  Mace,  May- 
hugh,  Miller,  Negley,  Noble,  Peter,  Bidgely,  Kobinette, 
Sands,  Thomas,  Thruston,  Turner,  Valliant,  Wickard, 
Wilmer— 34. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  Committee  on  the  Schedule  : 

Mr.  Belt  submitted  the  following  amendment : 

Add  at  the  end  of  section  two  the  following  :  *  t 

“Provided,  however,  That  no  votes  of  soldiers  cast  at  any 
one  polling  place  or  camp  shall  be  valid  or  taken  into  account 
in  any  case  where  the  total  number  returned  shall  exceed  the 
numbers  of  record  in  the  office  of  the  Adjutant  General 

Mr.  Marbury  moved  to  postpone  informally  the  considera¬ 
tion  of  the  amendment ; 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amend¬ 
ment  ; 

It  was  decided  in  the  negative. 

Mr.  Duvall  submitted  the  following  amendment : 

Amend  by  striking  out  the  word  “may,”  in  the  fifth  line 
and  insert  “shall,”  and  after  the  word  “recount,”  insert  “or 
have  recounted 

Decided  in  the  negative. 

Mr.  Duvall  submitted  the  following  amendment : 

Amend  by  inserting  after  the  word  “vote,”  in  the  fourth 
line  of  the  fourth  section  of  Schedule,  “and  if  any  officer  or 
person  shall  give  or  offer  to  give  directly  or  indirectly,  any 
bribe,  present,  or  reward,  or  any  promise,  or  any  security  for 
the  payment,  or  delivery  of  money  or  any  other  thing  to  in¬ 
duce  any  voter  in  the  military  service  of  the  United  States  to 
refrain  from  casting  his  vote,  or  forcibly  to  prevent  him  in 


m 


any  way  from  voting,  or  to  procure  a  vote  for  any  condidate 
or  person  proposed  or  voted  for  as  elector  of  President  and 
Vice  President  of  the  United  States,  or  Representative  in 
Congress, .  or  for  any  office  of  profit  or  trust  created  by  the 
Constitution  or  Laws  of  this  State,  or  by  the  ordinances  or 
authority  of  the  Mayor  and  City  Council  of  Baltimore,  the 
officer  or  person  giving  or  offiering  to  give,  and  the  voter  re¬ 
ceiving  the  same,  and  the  officer  or  person  who  gives  or  causes 
to  be  given  an  illegal  vote  knowing  it  to  he  such  at  any 
election  to  be  hereafter  held  in  this  "State,  or  under  the  pro¬ 
visions  of  sections  1,  2,  3,  4  and  5  of  Schedule,  relating  to  the 
Vote,'  of  those  persons  in  the  military  service  of  the  United 
States,  &c. 

The  question  being  on  the  adoption  of  the  amendment, 
Mr.  Marbury  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Billingsley, 

Blackiston, 

Crawford, 

Dail, 

Davis,  of  Charles, 
Dent, 


Affirmative. 

Duvall, 

Edelen, 

Hodson, 

Holly  day, 
Horsey, 
Johnson, 
Lansdale, 


Lee, 

Marbury, 

Mitchell, 

Morgan, 

Parran, 

Smith,  of  Dor., 

—19. 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash. 
Dellinger, 

Ecker, 


Negative. 

Galloway, 

Greene, 

Hebb, 

Hopper, 

Jones,  of  Cecil 
Keefer, 
Kennard, 
King, 

Markey, 

McComas, 

Mullikin, 

Nyman, 

Parker, 

Pugh, 


Purnell, 

Russell, 

Schley, 

Schlosser, 

Scott, 

Smith,  of  Carroll, 
Smith,  of  Wor., 
Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 

Todd, 

Wooden — 41. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


680 


Mr.  Stockbridge  submitted  the  following  amendment: 

Sec.  5.  Strike  out  ‘‘otherwise,”  in  line  four,  and  add  after 
“provide,”  “some  other  mode  of  taking  the  same 

Decided  in  the  affirmative. 

Mr.  Stirling  submitted  the  following  amendment : 

Add  to  the  end  of  section  three,  of  part  three,  the  follow¬ 
ing  : 

“And  the  Governor  shall  exclude  from  count  the  votes  of 
any  county  or  city,  the  Return  Judges  of  which  shall  fail  to 
certify  in  the  returns  as  provided  by  this  Schedule,  that  all 
persons  who  have  voted  have  taken  the  oath  prescribed  to  be 
taken  unless  the  Governor  shall  be  satisfied  that  such  oath 
was  actually  administered,  and  that  the  failure  to  make  the 
certificate  has  been  from  inadvertence  or  mistake 

Decided  in  the  affirmative. 

Mr.  Edelen  submitted  the  following  amendment: 

Insert  as  an  additional  section  the  following: 

<<gec. _ .  The  obligation  of  the  Judges  of  Election  to  ad¬ 

minister  the  oath  required  in  section  2,  shall  only  exist  in 
those  cases  where  the  vote  of  the  person  offering  to  vote  may 
be  challenged;” 

Mr.  Mullikin  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amendment, 

Mr.  Edelen  demanded  the  yeas  and  nays, 

The. demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs.  Duvall, 

Billingsley,  Edelen, 

Dail,  Holly  day, 

Davis,  of  Charles,  Horsey, 
Dent,  Johnson, 


Lansdale, 

Lee, 

Marbury, 
Mitchell, 
Morgan — 14. 


681 


/ 


Negative. 


Messrs. 

Greene, 

Russell, 

Goldsborough ,  P’t 

Hebb, 

Schley, 

Abbott, 

Hopper, 

Jones,  of  Cecil, 

Schlosser, 

Annan, 

Scott, 

Audoun, 

Keefer, 

Smith,  of  Carroll, 

Baker, 

Kennard, 

Smith,  of  Wor., 

Barron, 

King, 

Sneary, 

Carter, 

Markey, 

Stirling, 

Cunninghan, 

McComas, 

Stockbridge, 

Cushing, 

Mullikin, 

Swope, 

Daniel, 

Murray, 

Parker, 

Sykes, 

Davis,  of  Wash., 

Todd, 

Ecker, 

Galloway, 

Pugh, 

Purnell, 

Wooden — 40. 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Ecker  submitted  the  following  amendment : 

Insert  as  an  additional  section  the  following: 

Sec.  — .  Any  of  the  qualified  voters  of  this  State,  who  may 
be  absent  from  the  city  or  county  of  his  residence  on  the  day 
for  taking  the  vote  on  the  adoption  or  rejection  of  this  Consti¬ 
tution  by  reason  of  his  being  in  the  military  service  of  the 
United  States,  but  shall  be  at  some  hospital  or  military  post 
or  on  duty  within  this  State,  and  not  with  his  company,  may 
vote  at  the  nearest  polls  to  such  place  on  satisfying  the  Judges 
that  he  is  a  legal  and  qualified  voter  of  this  State;” 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Kennard, 

The  Convention  returned  to  the  consideration  of  section  one 
of  the  second  part  of  the  report. 

Mr.  Kennard  submitted  the  following  amendment  : 

Sec.  1.  After  “P.  M.,”  at  the  end  of  the  twelfth,  and  be¬ 
ginning  of  the  thirteenth  line,  insert: 

“In  the  several  counties  of  the  State,  and  between  the  hours 
of  eight  o’clock,  A.  M.,  and  five  o’clock,  P.  M.,  in  the  city  of 
Baltimore;” 

Decided  in  the  affirmative. 

The  report  was  then  ordered  to  he  engrossed  for  a  third 
reading. 

On  motion  of  Mr.  Galloway* 

The  Convention  adjourned. 

86 


682 


# 


FEIDAY,  September  2d,  1864. 

The  Convention  met  at  9J  o’clock,  A.  M. 

Prayer  by  Eev.  Mr.  Patterson. 

All  the  members  present  except  the  following  : 

Messrs.  Berry,  of  Baltimore  county,  Berry,  of  Prince 
George’s,  Blackiston,  Briscoe,  Clarke,  Dennis,  Duvall, 
Edelen,  Gale,  Plarwood,  Hopkins,  Jones,  of  Somerset,  Mace, 
Mayhugb,  Noble,  Eobinette,  Sands,  Smith,  of  Carroll,  Smith, 
of  Worcester,  Thruston — 20. 

The  proceedings  of  yesterday  were  read  and  approved. 

On  motion  of  Mr.  Todd, 

The  order  submitted  by  Mr.  IJebb  on  Wednesday,  directing 
the  Secretary  and  Folder  to  forward  to  the  members,  the 
Journal  of  Debates,  after  the  adjournment  of  the  Convention, 
was  taken  up. 

The  question  being  on  the  amendment  submitted  by  Mr. 
Davis,  of  Washington. 

It  was  rejected. 

Mr.  Greene  submitted  the  following  amendment : 

Ordered,  That  the  Secretary  be  directed  to  provide  for  the 
folding,  and  addressing  and  mailing  of  that  portion  of  the 
Journal  of  the  Debates,  of  this  Convention,  which  shall  not 
have  been  delivered  to  the  members  at  its  adjournment  sine 
die;  and,  as  in  full  compensation  for  such  service,  the  Presi¬ 
dent  is  hereby  requested  to  issue  his  certificates  to  the  said 
Secretary,  at  the  rate  of  six  dollars  for  each  thousand  copies 
of  said  Journal  thus  folded,  addressed  and  mailed; 

Mr.  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

Strike  out  the  word  “six,”  before  the  word  “dollars,”  and 
insert  the  word  “four  ;” 

Decided  in  the  affirmative. 

Mr.  Negley  moved  to  strike  out  the  word  “Secretary,”  and 
insert  the  word  “Folder 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amendment 
of  Mr.  Green ,  as  amended  ; 


% 

683 

Mr.  Todd  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Earle, 

Mitchell, 

Goldsborough,  Pt. 

Ecker,  * 

Miller, 

Audoun, 

Farrow, 

Morgan, 

Baker, 

Greene, 

Negley, 

Barron, 

Hatch, 

Parker, 

Belt, 

Hebb, 

Pugh, 

Billingsley, 

Hodson, 

Ridgely, 

Bond, 

Johnson, 

Russell, 

Brooks, 

Jones,  of  Cecil, 

Schley, 

Chambers, 

Keefer, 

Sclilosser, 

Cunningham, 

Kennard, 

Scott, 

Cushing, 

King, 

Smith,  of  Dor., 

Dail, 

Daniel, 

Lansdale, 

Sneary, 

Larsh, 

Stirling, 

Davis,  of  Charles, 

Marbury, 

Stockbridge, 

Dent, 

Mar  key, 

Sykes, 

Thomas — 50. 

* 

Duvall, 

McComas, 

Negative. 

Messrs. 

Henkle, 

Murray, 

Abbott, 

Hoffman, 

Nyman, 

Annan, 

Holly  day, 

Peter, 

Brown, 

Hopper, 

Purnell, 

Carter, 

Horsey, 

Todd, 

Davis,  of  Wash., 

Lee, 

Turner, 

Dellinger, 

Galloway, 

Mullikin, 

Wilmer— 21. 

So  the  question  i 

upon  its  adoption 

was  decided  in  the 

afhr  mative. 

Mr.  Miller  moved  to  re-consider  the  vote  by  whioh  the 
amendment  submitted  by  Mr.  Davis,  of  Washington,  was 
adopted  ; 

Decided  in  the  negative. 

Mr.  Ridgely  submitted  the  following  order  : 

Ordered  that  the  sum  of  one  hundred  dollars  be  paid  to 
Collins  Tatman,  as  extra  compensation  as  one  of  the  folders 
of  the  Convention  ; 

The  question  being  on  the  adoption  of  the  order  : 


684 


Mr.  Davis,  of  Washington,  demanded  the  yeas  and  nays, 
The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Messrs. 

Affirmative. 

Hodson, 

Peter, 

Goldsborough,  P’t 

Holly  day, 

Pugli, 

Abbott, 

Hooper, 

Johnson, 

Purnell, 

Barron, 

Billingsley, 

Ridgely, 

King, 

Schley, 

Brooks, 

Lansdale, 

Scott, 

Carter, 

Larsli, 

Smith,  of  Dor., 

Chambers, 

Marbury, 

Sneary, 

Cushing, 

Mar  key, 
McComas, 

Swope, 

Dellinger, 

Sykes, 

Dent, 

Morgan, 

Mullikin, 

Thomas, 

Earle, 

Todd, 

Gale, 

Murray, 

Turner, 

Wboden — 42. 

Galloway, 

Negley, 

Greene, 

Nvinan, 

Messrs. 

Negative. 

Davis,  of  Wash. 

,  Lee, 

Annan, 

Duvall, 

Mitchell, 

Baker, 

Hatch , 

Miller, 

Parker, 

Bond, 

Hebb, 

Brown, 

Henkle, 

Bussell, 

Crawford, 

Hoffman, 

Schlosser, 

Cunningham, 

Horsey, 

Stirling, 

Dail, 

Jones,  of  Cecil, 

Stockbridge, 

Daniel, 

Keefer, 

Wilmer  —28. 

Davis,  of  Charles, 

Kennard, 

So  the  question  upon  its  adoption 

was  decided  in  the 

affirmative. 

«  v 

Mr.  Greene  submitted  the  following  order:  . 

Ordered,  That  the  State  Librarian,  he  and  he  is  hereby  direct¬ 
ed  to  purchase  of  James  Wingate  250  copies  of  the  Constitution 
passeb  by  this  Convention,  when  adopted  by  the  voters  of  this 
State,  said  Constitution  shall  contain  an  elaborate  Index,  pre¬ 
pared  with  references  to  articles  and  sections,  and  also  to  the 
page,  said  Constitution  shall  be  printed  in  the  best  style, 
(with  side  notes,)  on  fair  white  paper  with  large  fair  type 
and  well  bound,  and  shall  contain  the  names  of  the  members 
of  this  Convention,  said  Constitution  shall  contain  the  certi¬ 
ficate  of  the  Clerk  of  the  Court  of  Appeals,  that  it  is  a  true 


685 


copy  of  the  Constitution  passed  by  this  Convention  ;  and  the 
Indexing  and  publication  of  said  Constitution  shall  be  ap¬ 
proved  by  the  President  of  this  Convention; 

And  the  State  Librarian  shall  distribute  said  copies  of  the 
Constitution,  as  follows  : 

One  copy  to  each  member  of  Convention,  to  the  Governor, 
Lieutenant  Governor,  Comptroller,  Treasurer,  Attorney  Gen¬ 
eral,  Adjutant  General,  Superintendent  of  Public  Education, 
and  Commissioner  of  the  Land  Office,  each  one  copy  ;  to  the 
J edges  and  Clerks  of  the  Circuit  Courts,  and  the  Courts  of 
Baltimore  city,  each  one  copy  ;  to  the  Judges  and  the  Clerk 
of  the  Court  of  Appeals,  each  one  copy  ;  to  the  Orphans’ 
Courts  of  the  State,  each  one  copy  ;  to  the  State’s  Attorneys, 
each  oue  copy  ;  to  the  Register  of  Wills,  each  one  copy  ;  to 
the  Boards  of  County  Commissioners,  each  one  copy  ;  to  the 
Mayor  of  Baltimore  city,  one  copy. 

And  the  remaining  eleven  copies  shall  be  retained  in  the 
State  Library,  subject  to  the  disposition  of  the  General  As¬ 
sembly. 

And  the  President  of  this  Convention  is  hereby  authorized 
and  directed  to  pay  James  Wingate  one  hundred  dollars,  for 
preparing  said  carefully  elaborated  index  and  side  notes  to 
said  Constitution,  and  also  two  dollars  per  copy  for  said  Con¬ 
stitution,  when  published  by  James  Wingate. 

Mr.  Thomas  moved  to  postpone  informally  the  considera¬ 
tion  of  the  order  ; 

Decided  in  the  negative. 

Mr.  Thomas  moved  to  refer  said  order  to  the  Committee  on 
Printing  and  Reporting  ; 

Decided  in  the  affirmative. 

*  \ 

On  motion  of  Mr.  Wooden, 

It  was  ordered  to  be  entered  on  the  J ournal  that  Mr.  Smith, 
of  Carroll,  is  detained  from  his  seat  in  consequence  of  urgent 
business  engagements. 

Mr.  Stirling  moved  to  reconsider  the  vote  by  which  an 
order  was  adopted  on  Wednesday  last,  in  reference  to  making 
four  manuscript  copies  of  the  Constituton,  &c. 

Decided  in  the  affirmative. 

The  question  being  on  the  adoption  of  the  order, 

Mr.  Stirling  moved  to  amend  said  order  by  substituting  the 
following: 


686 


Ordered,  That  the  Constitution  when  finally  adopted  by 
the  Convention,  be  written  on  parchment  or  detached  sheets 
of  bill  paper,  that  the  same  be  subscribed  by  the  President 
and  attested  by  the  Secretary  of  the  Convention,  and  be  de¬ 
posited  with  the  Clerk  of  the  Court  of  Appeals.  * 

Decided  in  the  affirmative. 

Mr.  Stockbridge  submitted  the  following  order : 

Ordered,  That  the  Devising  Clerk  be  requested  to  have  ap¬ 
pended  to  the  Report  of  Debates,  a  copy  of  the  official  vote 
upon  the  question  of  calling  this  Convention,  and  also  of  the 
vote  upon  the  question  of  the  ratification  of  the  Constitution 
which  we  shall  submit  to  the  people. 

Decided  in  the  affirmative. 

Mr.  Galloway  called  up  the  report  of  the  Committee  on 
Accounts,  authorising  the  President  of  the  Convention,  to  pay 
all  bills  for  Reporting  and  Printing  remaining  unpaid  after 
the  adjournment  of  the  Convention. 

On  motion  of  Mr.  Purnell, 

The  said  report  was  concurred  in. 

Mr.  Earle  from  the  Committee  on  Revision  and  Engross¬ 
ment,  submitted  the  following  report: 

The  Committee  on  Revision,  report  that  they  have  examined 
the  following  articles  of  the  Constitution: 

1.  On  the  Elective  Franchise, 

2.  On  the  Executive  Department. 

3.  On  the  Attorney  General  and  State’s  Attorneys. 

4.  On  Education. 

5.  On  Militia. 

In  all  the  above  articles  they  have  made  changes,  which 
are  submitted  for  the  consideration  of  the  Convention. 

George  Earle,  Chairman. 

Mr.  Hebb  moved  that  the  report  of  the  Committee  be  con¬ 
curred  in. 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Eegley  demanded  the  yeas  and  nays, 

The  demand  being  sustained. 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Affirmative. 


Messrs.  Galloway, 

GoldsborougKP’t,  Greene, 


Abbott, 

Annan, 

Audoun, 

Baker, 

Barron, 
Cunningham, . 
Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 


Hebb, 

1  loifman , 

1  Iopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

King, 

Larsh, 

Markey, 
McCornas, 
Mullikin,  * 
Murray, 

Nogloy,  . 

• 

Negative. 


Nyman , 

Barker, 

pugh, 

Purnell, 

Ridgely, 

Russell, 

Schley, 

Bcli  losser, 
Stirling, 
Stockb  ridge, 
Swope, 

Sykes, 

Thomas, 

Todd, 

Wooden — 44. 


Messrs. 

Belt, 

Bond, 

Brown, 

Chambers, 

Crawford, 

Davis,  of  Charles, 


Dent, 

Duvall, 

Ilollyday, 

Horsey, 

Lansdale, 

Lee, 

Marbury, 


So  the  report  of  the  Committee 


Mitchell, 

Miller, 

Par  ran, 

Peter, 

Smith  of  Dor., 
Wilmer — 10. 


was  concurred  in. 


The  President  appointed  Messrs.  Stockbridge,  Ridgely  and 
S  irling,  a  committee  on  Printing  and  circulating  the  Consti¬ 
tution,  in  accordance  with  an  order  adopted  by  the  Conven- 


On  motion  of  Mr.  llebb, 

•  * 

The  report  of  the  Committee  an  the  Schedule  was  taken  up 
hiwsread  thC  t  Urd  tlm°  an<l  paased  hy  yeas  an<1  as  fol- 


Messrs. 

Goldsboro  ugh,  P’t 
Abbott, 

Audoun, 

Baker, 

Barron, 

Brooks, 

Cunningham, 

Cushing, 


Affirmative. 

Greene, 

Hebb,  ' 

Hoffman, 

Hopper, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

Kino- 

uue, 

Larsh, 


Pugh, 

Purnell, 

Ridgely, 

Russell, 

Schley, 

Schlosser, 

Stirling, 

Stockbridge, 

Swope, 


\ 


688 

* 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Ecker, 

Farrow, 

Gr  alio  way, 

Markey, 

McComas, 

Mullikin. 

Negley, 

Nyman, 

Parker, 

Sykes, 
Thomas, 
Todd, 
Wickard, 
Wooden — 43. 

Negative. 

Messrs. 

Belt, 

Bond, 

Brown, 

Chambers, 

Crawford, 

Davis,  of  Charles, 

Dent, 

Duvall, 

Hollyday, 

Horsey, 

Lansdale, 

Lee, 

Marbury, 
Mitchell , 
Miller, 
Parran, 
Peter, 

Wilmer— 18. 

On  motion  of  Mr.  Cushing, 

The  Convention  proceeded  to  the  consideration  of  the  report 
of  the  Committee  on  the  Judiciary. 

Mr.  Todd  moved  a  call  of  the  Convention, 


« 

Which  was  sustained, 

Mr.  Cushing  moved  that  further  proceedings  under  the  call 
he  dispensed  with. 

Decided  in  the  negative. 

The  roll  was  then  called,  and  the  following  members  re- 
sponded: 

Messrs.  Goldsborough,  (President,)  Abbott,  Annon,  An¬ 
dean,  Baker,  Barron,  Belt,  Bond,  Brooks,  Brown  Carter, 
Chambers,  Crawford,  Cunningham,  Cushing,  Daniel,  Davis, 
of  Charles,  Davis,  of  Washington,  Dellinger,  Dent,  Duvall, 
Ecker,  Farrow,  Galloway,  g-reene,  Hatch,  Hebb,.  Hoffman, 
Holly  day,  Hopper,  Horsey,  Jones,  of  Cecil,  Keefer,  Kenimrd 
Lansdale,  Larsh,  Lee,  Marbury,  Markey,  McGomas,  Mitchell, 
Miller,  Mullikin  Negley,  Parker,  Parran,  Peter,  Pugh,  1m- 
nell,  Ridgelv,  Russell,  Schley,  Scblosser,  Smith,  of  Dorchester, 
Stirling,  Stockbridge,  Swope,  Sykes,  Thomas,  Wickard, 
Wilmer,  Wooden — 63. 


On  motion  of  Mr.  Kennard, 

Further  proceedings  under  the  call  were  dispensed  with. 

On  motion  of  Mr.  Dellinger. 

The  Convention  took  a  recess  until  o’clock. 


689 


AFTERNOON  SESSION. 


The  Convention  met  at  3-|-  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Annan,  Barron,  Berry,  of  Baltimore  County,  Ber¬ 
ry  of  Prince  George’s,  Billingsley,  Blackiston,  Bond,  Briscoe, 
Chambers,  Clarke,  Dail,  Dennis,  Edelen,  Gale,  Harwood, 
Henkle,  Hodson,  Hopkins,  Johnson,  Jones,  of  Somerset, 
Lansdale,  Mace,  Mayhugh,  Noble,  Peter,  Robinette,  Sands, 
Smith,  ot  Carroll,  Smith,  of  Worcester,  Sneary,  Thomas, 
Thruston,  Turner,  Yalliant — 34. 

The  Convention  resumed  the  consideration  of  the  report 
of  the  Committee  on  the  Judiciary  Department. 

Mr.  Farrow,  (seconded  by  Messrs.  Hebb  and  Greene,) 
moved  to  reconsider  the  vote  by  which  the  twenty-ninth  sec¬ 
tion  of  the  report  was  adopted  ; 

The  question  being  on  the  adoption  of  the  motion. 

Mr.  Miller  demanded  the  yeas  and  nays ; 

The  demand  being  sustained, 


The  yeas  and  nays  were  called,  and 

Affirmative. 


*ed  as  follows  : 


Messrs. 

Farrow, 

Parker, 

Abbott, 

Greene, 

Pugh, 

Annan, 

Audoun, 

Hatch, 

Purnell, 

Hebb, 

Russell, 

Baker, 

Henkle, 

Schley, 

Brooks, 

Hopper, 

Keefer, 

Schlosser, 

Cunningham, 

Scott, 

Cushing, 

Ivennard, 

Sneary, 

Daniel, 

Lansdale, 

Marbury, 

Stirling, 

Dellinger, 

Stockbridge, 

Dent, 

McComas, 

Thomas, 

Duvall, 

Mitchell, 

Wickard, 

Ecker, 

Negley, 

Negative. 

Wooden — 38. 

Messrs. 

Hoffman, 

Morgan, 

Goldsborough,  P’t 

Hollyday, 

Mullikin, 

Belt, 

Horsey, 

Par  ran, 
Ridge!  y, 

Brown, 

87 

Jones,  of  Cecil, 

690 


Carter,  Larsli, 

Crawford,  Lee, 

Davis,  of  Wash.,  Markey, 
Galloway,  Miller, 


Swope, 

Sykes, 

Todd, 

Yalliant — 23. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 


The  question  then  recurring  upon  the  adoption  of  section 
twenty-nine. 

Mr.  Audoun  demanded  the  yeas  and  nays, 

% 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Larsh, 

Parran, 

Goldsborough,  P’t 

Markey, 

Purnell, 

Belt, 

Mitchell, 

Ridgely, 

Carter, 

.  Miller, 

Swope, 

Farrow, 

Morgan, 

Muilildn, 

Negative. 

Todd, 

Hoffman, 

Jones,  of  Cecil. 

Yalliant — 18. 

Messrs. 

Duvall, 

Me  Com  as, 

Abbott, 

Ecker, 

Negley, 

Annan, 

Galloway, 

Parker, 

Audoun, 

Greene, 

Pugh, 

Baker, 

Hatch, 

Russell, 

Brooks, 

Hebb, 

Schley, 

Brown, 

Chambers, 

Henkle, 

Schlosser, 

Hollyday, 

Scott, 

Crawford, 

Hopper, 

Sneary, 

Cunningham, 

Horsey, 

Stirling, 

Cushing, 

Keefer, 

Stockbridge, 

Daniel, 

Kennard, 

Sykes, 

Davis,  of  Wash., 

Lansdale, 

Thomas, 

Dellinger, 

Lee, 

Wickard, 

Dent, 

Mar  bury, 

Wooden — 43. 

So  the  question  upon  its  adoption 

.  • 

was  decided  in  the  nega 

tive. 

Mr.  Audoun,  (seconded  by  Messrs.  Hebb  and  Cushing,) 
moved  to  reconsider  the  vote  by  which  section  30  was  adopted. 

Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  section; 


691 


it  was  decided  in  the  negative. 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

On  motion  of  Mr.  Pugh, 

The  report  was  placed  upon  its  third  reading. 

Mr.  Stockbridge  (by  general  consent,)  submitted  the  follow¬ 
ing  amendment: 

“Or  of  the  Superior  Court,  Court  of  Common  Pleas,  Circuit 

Court  or  Criminal  Court  in  Baltimore  city;” 

* 

Decided  in  the  affirmative. 

Mr.  Stockbridge  moved  to  open  the  report  for  the  purpose 
of  amending  section  19. 

Decided  in  the  negative. 

Mr.  Pugh  moved  to  open  the  report  for  the  purpose  of 
amending  the  27th  section. 

Decided  in  the  affirmative. 

Mr.  Pugh  moved  to  strike  out  the  words  “at  the  time  of 
his  election,”  in  the  16th  line. 

Decided  in  the  affirmative. 

Mr.  Stirling  moved  to  insert  said  words  stricken  out  after 
the  word  “be,”  in  the  14th  line; 

Decided  in  the  affirmative. 

Mr.  Miller  moved  to  open  the  report  for  the  purpose  of 
moving  to  strike  out  section  31. 

Decided  in  the  negative. 

Mr.  Stockbridge  moved  to  re-open  the  34-th  section  for 
amendment. 

Decided  in  the  affirmative. 

Mr.  Stockbridge  moved  to  strike  out  all  after  the  word 
“streets,”  in  the  10th  line  of  section  34. 

Decided  in  the  affirmative. 

Mr.  Stirling  moved  to  open  the  41st  section  for  amend¬ 
ment. 

Decided  in  the  affirmative. 

Mr.  Stirling  moved  to  strike  out  the  words  “first  day  of 
January  succeeding,”  and  insert  the  words  “time  of;” 


692 


Decided  in  the  affirmative. 

Mr.  Stirling  moved  to  open  the  42d  section  for  amendment. 

Decided  in  the  affirmative. 

Mr.  Stirling  moved  to  amend  section  42  by  inserting  after 
the  word  “elected,”  in  the  fifth,  line,  the  words  “and  until 
their  successors  are  elected  and  qualified ;” 

Decided  in  the  affirmative. 

Mr.  Hebb  (by  general  consent)  submitted  the  following 
amendment : 

♦ 

Insert  as  section  26  the  following  : 

The  Judges  of  the  respective  Circuit  Courts  of  this  State, 
or  of  the  courts  of  the  city  of  Baltimore,  shall  render  their 
decision  in  all  cases  argued  before  them,  or  submitted  for 
their  judgment  ;  within  two  months,  after  the  same  shall 
have  been  so  argued  or  submitted. 

Decided  in  the  affimative. 

Mr.  Stirling  (by  general  consent)  submitted  the  following- 
amendment  : 

Sec.  47,  line  ten,  strike  out  the  words  “Circuit  Court,” 
and  insert  the  word  “Governor:” 

Decided  in  the  affirmative. 

Mr.  Stirling,  (by  general  consent,)  submitted  the  following 
amendment:  . 

Sec.  — .  There  shall  be  an  election  held  in  the  several 
counties  and  in  the  citv  of  Baltimore,  on  the  Tuesday  next 

v  *  if 

after  the  first  Monday  in  the  month  of  November,  in  every 
second  year.  The  first  election  to  be  held  in  the  year  eigh¬ 
teen  hundred  and  sixty-five,  at  which  elections  all  Clerks 
*  of  Courts  and  Registers  of  Wills,  Judges  of  the  Orphans’ 
Court,  Sheriffs,  County  Commissioners,  and  all  other  county 
officers  elected  by  the  people  shall  be  chosen  whenever  an 
election  for  any  such  officer  is  required  to  be  held,  but  this 
shall  not  apply  the  municipal  officers  of  any  incorporated 
town  or  city  ; 

On  motion  of  Mr.  Hebb, 

The  amendment  was  referred  to  the  Committee  on  Revision 
and  Engrossment. 

The  report  having  been  read  the  third  time,  was  passed  by 
yeas  and  nays  as  follows  : 


Messrs. 

Goldsborough,  P’t 
Abbott, 


Annan, 

Audoun, 

Baker, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Earle, 

Ecker, 

Farrow, 

Galloway, 


Affirmative. 

Greene, 

Hatch, 

Hebb, 

Hoffman, 

Hopper, 

Jones,  of  Cecil 
Keefer, 
Kennard, 
King, 

Larsh, 

McComas, 

Mullikin, 

Negley, 

Nyman, 

Parker, 

Pugh, 


Purnell, 

Itidgely, 

Russell, 

Schley, 

Schlosser, 

Scott, 

Sneary, 

Stirling, 

Stockbridge, 

Swope, 

Sykes, 
Thomas, 
Todd , 
Valliant, 
Wickard, 

W ooden — 47. 


Messrs. 

Belt, 

Brown, 

Chambers 

Crawford, 


Negative. 

Dent, 

Hollyday, 

Horsey, 

Lee, 


Marbury, 

Mitchell, 

Miller, 

Par  ran — 12. 


On  motion  of  Mr.  Stockbridge, 

The  Convention  proceeded  to  the  consideration  of  the  Kenort 
of  the  Committee  on  Usury  ;  1 


Pending  the  consideration  of  which, 

On  motion  of  Mr.  Stirling, 

The  Convention  took  a  recess  until  8  o’clock. 


i 


EVENING  SESSION. 

The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Berry,  of  Baltimore  county,  Berry  ol 
Prince  George’s,  Billingsley,  Blackiston,  Bond,  Briscoe 


694 


Clarke,  Bail,  Davis,  of  Charles,  Dennis,  Edelen,  Gale, 
Harwood,  Henkle,  Hodson,  Hopkins,  Johnson,  Jones,  of 
Somerset,  Lansdale,  Mace,  Mayhugh,  Noble,  Nyman,  Parker, 
Peter,  Robinette,  Smith,  of  Carroll,  Smith,  of  Dorchester, 
Smith,  of  Worcester,  Swope,  Thruston,  Turner,  Wilmer — 34. 

Mr.  Ridgely  submitted  the  following  order  : 

Ordered,  That  when  the  Convention  adjourns  to-night,  it 
stands  adjourned  until  Monday  next,  at  12  o’clock  ; 

Mr.  Negley  moved  to  amend  by  striking  out  “Monday,” 
and  inserting  “Tuesday 

Mr.  Miller  moved  the  previous  question; 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Negley  ; 

Mr.  Hebb  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 

Affirmative. 


Messrs. 

Galloway, 

McComas, 

Audoun, 

Hatch, 

Mitchell, 

Brooks, 

Hoffman, 

Miller, 

Brown, 

Hollyday, 

Negley, 

Carter, 

Hopper, 

Parker, 

Chambers, 

Horsey, 

Parran, 

Dellinger, 

Jones,  of  Cecil, 

Ridgely, 

Dent, 

Kennard, 

Sneary, 

Duvall, 

King, 

Sykes, 

Thomas — 31. 

Earle, 

Larsh, 

Ecker, 

Lee, 

Negative. 

Messrs. 

Greene, 

Sands, 

Goldsborough,P’t 

Hebb, 

Schley, 

Abbott, 

Keefer, 

Marbury, 

Schlosser, 

Annan, 

Scott, 

Baker, 

Markey, 

Stirling, 

Belt, 

Mullikin, 

Stockbridge, 

Crawford, 

Murray, 

Swope, 

Todd, 

Cunningham, 

Nyman, 

695 


Cushing,  Pugh, 

Daniel,  Purnell, 

Davis,  of  Wash. ,  Russell, 
Farrow, 


Valliant, 
Wickard, 
Wooden — 33. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

;"P°n  the  *d0‘>‘i"  0f  "»  »'*» 
Mr.  Cushing  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 


Ecker, 


Goldsborough,  P’t  Galloway, 

/»  1  1  /-'I  i  TT  -» 


Audoun, 

Brocks, 

Brown, 
Chambers, 
Cunningham, 
Davis,  of  Wash., 
Dellinger, 

Dent, 

Duvall, 

Earle, 


Messrs. 

Abbott, 

Annan,* 

Baker, 

Belt, 

Carter, 

Crawford, 

Cushing, 

Daniel, 

Farrow, 


Hatch, 
Hollyday, 
Horsey,  ■ 

Iving, 

Larsh, 

Lee, 

Markey, 

Mitchell, 

Miller, 

Murray, 

Negative. 

Greene, 

Hebb, 

Hoffman, 

Hopper, 

Jones,  of  Cecil. 
Keefer, 
Kennard, 
Marbury, 

Me  Com  as, 
Mullikin, 


Negley, 

Parker, 

Par  ran, 

Purnell, 

Ridgely, 

Schlosser, 

Scott, 

Sneary, 

Stockbridge, 

Sykes, 

Thomas, 

Todd— 35. 


Nyman, 
Pugh, 
Bussell, 
Sands, 
Schley, 
Stirling, 
Swope, 
Valliant, 
Wickard, 
Wooden — 29. 


affirmative qUeSti°n  UP°n  itS  adoption  was  decided  in  the 

The  Convention  proceeded  to  the  consideration  of  the  Re¬ 
pot  t  ol  the  Committee  on  Interest  and  the  Usury  Laws. 

Mr  Stirling  (seconded  by  Messrs.  Purnell  and  Kennard  1 

moved  to  reconsider  the  vote  by  which  the  report  was  ordered 
to  be  engrossed  for  a  third  reading  ordered 

O  ’ 


696 


The  question  being  on  the  adoption  of  the  motion, 

Mr.  Chambers  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Dellinger, 

Parker, 

Abbott, 

Farrow, 

Purnell, 

Annan, 

Greene, 

Pvidgely, 

Audoun, 

Hatch, 

Schley, 

Baker, 

Hebb, 

Scott, 

Belt, 

Hoffman, 

Sneary, 

Brooks, 

Hopper, 

Stirling, 

Brown, 

Kennard, 

Stockbridge, 

Cunningham, 

Larsh, 

Todd, 

Cushing, 

Marbury, 

Yalliant, 

Daniel, 

Negley, 

Wickard — 32, 

* 

Negative. 

Messrs. 

Hollyday, 

Mullikin, 

Carter, 

Horsev, 

Parran, 

Chambers, 

Jones,  of  Cecil, 

Pugh., 

Crawford, 

Iveefer, 

Russell, 

Davis,  of  Wash., 

Lee, 

Sands, 

Dent, 

McComas, 

Schlosser, 

Duvall, 

Mitchell, 

Swope, 

Ecker, 

Miller, 

Wooden — 24. 

Galloway, 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

Mr.  Abbott  submitted  the  following  amendment: 

Amend  by  inserting  after  the  word  “per  annum/’  in  the 
second  line,  “but  such  rates  may  be  contracted  for  as  Congress 
have  or  may  herereafter  allow  on  any  loans  of  the  United 
States;” 

Mr.  Belt  submitted  the  following  amendment : 

Amend  the  report  by  substituting  in  lieu  thereof  the  fol¬ 
lowing: 

“That  the  legal  rate  of  interest  in  this  State  shall  be  six 
per  centum  per  annum,  except  in  cases  of  agreements  between 
contracting  parties;  and  in  all  such  cases  parties  contracting 
shall  have  power  to  contract,  and  to  recover  any  rate  of  inter¬ 
est  not  exceeding  ten  per  centum  per  annum;” 


697 


/Abbitt,qUeSti°n  bei“g  °n  tl10  araen,lment  submitted  by  Mr. 
amendmenf:67  Submitted  the  following  amendment  to  the 


twh  “  i  l61i  the  Words  “contracted  for,”  and  insert 
e  w  ouls  as  shall  be  agreed  upon  between  the  parties  not 
exceeding  eight  per  centum  per  annum;”  P  not 

Mr.  King  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  amendment 
to  the  amendment  as  submitted  by  Mr.  Negley.  1 

Mr.  bands  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays,  were  called  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Audoun, 

Baker, 

Brooks, 

Brown, 

Cushing, 

Daniel, 

Deljinger, 

G-reene, 

Hebb, 

Hoffman, 

Hopper, 

Kennard, 

Lansdale, 

Markey, 

Hegley, 

Parker, 

Schley, 

Scott, 

Sneary, 

Stirling, 

Sykes, 

Todd— 22. 

Negative. 

Messrs. 

Abbott, 

Annan, 

Belt, 

Carter, 

Crawford, 

Davis,  of  Wash., 
Dent, 

Duvall, 

Ecker, 

Farrow, 

Galloway, 

Hatch, 

Henkle, 

Horsey, 

Jones,  of  Cecil, 
Keefer, 

King, 

Larsh, 

Lee, 

Marbury, 

McComas, 

Mitchell, 

Miller, 

Morgan, 

Mullikin, 

Murray, 

Nyman, 

Parran, 

Pugh, 

Purnell, 

Bidgely, 

Bussell, 

Sands, 

Stockbridge, 

Swope,  ■ 

J  alliant, 
Wizard, 
Wooden — 38, 

88 


% 


698 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

The  question  next  being  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Abbott, 

Mr.  Sands  demanded  the  yeas  and  nays  , 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  . 

Affirmative. 


Messrs. 

Abbott, 

Annan, 

Brown, 

Cushing, 

Daniel, 

Dellinger, 


Messrs. 

Audoun, 

Baker, 

Belt, 

Brooks, 

Carter, 

Crawford, 

Davis,  of  Wash. 
Dent, 

Duvall, 

Ecker, 

Farrow, 
Galloway , 
Hatch, 


Greene, 

Hebb, 

Hoffman , 
Hopper, 
Lansdale, 
Markey, 

Negley, 

Negative. 

Henkle, 

Horsey, 

Jones,  of  Cecil, 

Keefer, 

Kennard, 

King, 

Larsh, 

Lee. 

Marbury, 

McComas, 

Mitchell, 

Miller, 

Morgan, 
Mullikin, 


Parker, 

Pugh, 

Scott, 

Sneary, 

Stirling, 

Todd— 19. 


Murray, 

Nyman, 

Parran, 

Purnell, 

Ridgely, 

Russell, 

Sands, 

Stockbridge, 

Swope, 

Sykes, 
Valliant, 
Wickard, 
Wooden — 40. 


-  / 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

The  question  then  recurring  upon  the  adoption  of  the 
amendment  as  submitted  by  Mr.  Belt ; 

Mr.  King  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Belt, 


Hebb, 

Hoffman, 


Ridgely, 

Schley, 


699 


Brooks, 

Lansdale, 

Scott, 

Brown, 

Larsh, 

Sneary, 

Cushing, 

Markey, 

Stirling, 

Daniel, 

Negley, 

Stockbridge, 

Dellinger, 

Hatch, 

Parker, 

Pugh, 

Negative. 

Sykes — 23. 

Messrs. 

Greene, 

Morgan, 

Mullikin, 

Abbott, 

Henkle, 

Annan, 

Hopper, 

Murray, 

Audoun, 

Horsey, 

Nyman, 

Baker, 

Jones,  of  Cecil, 

Parran, 

Carter, 

Keefer, 

Purnell, 

Russell, 

Crawford, 

Kennard, 

Davis,  of  Wash., 

King, 

Sands, 

Dent, 

Lee, 

Swope, 

Duvall, 

Marhury, 

McComas, 

Todd, 

Ecker, 

Valliant, 

Wooden — 37. 

Harrow, 

Galloway, 

Mitchell, 

Miller, 

So  the  question  upon  its  adoption  was 
tive. 

decided  in  the  nega- 

The  report  was  then  ordered  to  be  engrossed  for  a  third 
reading. 

On  motion  of  Mr.  Stockbridge, 

The  rules  were  suspended,  the  said  report  of  the  Committee 
on  Interest  and  Usury  Laws  read  the  third  time  and  passed 
by  yeas  and  nays,  as  follows  : 


Affirmative. 


Messrs. 

Henkle, 

Nyman, 

Annan, 

Horsey, 

Parran, 

Purnell, 

Audoun, 

Jones,,  of  Cecil, 

Carter, 

Keefer, 

Russell, 

Crawford, 

Kennard, 

Sands, 

D avi s ,  of  Wash . , 

King 

Swope, 

Dent, 

Marhury, 

Thomas, 

Duvall, 

McComas, 

Todd, 

Ecker, 

Mitchell, 

Valliant, 

Farrow, 

Mullikin, 

Wooden — 32 

Galloway, 

Murray, 

Negative. 

Messrs. 

Hatch, 

Pugh, 

Abbott, 

Hebb, 

Ridgely, 

700 


Baker, 

Hoffman, 

Schley, 

Belt, 

Hopper, 

Scott, 

Brooks, 

Larsli, 

Sneary, 

Brown, 

Cushing, 

Lee, 

Stirling, 

Markey, 

Stockbridge, 

Daniel, 

Negley, 

Sykes, 

Dellinger, 

Parker, 

Wickard — 27. 

Greene, 

Mr.  Stockbridge  read  the  following  telegram  : 

Office  Annapolis  Telegraph  Company. 

The  following  message  was  received  at  this  office  at  —  o’¬ 
clock,  Sept.  2nd,  1864,  dated  Baltimore,  Sept.  2nd,  1864: 

Jno,  McGarrigle, 

of  Baltimore  American. 

Official  announcement  just  received,  that  Sherman’s  ad¬ 
vance  entered  Atlanta,  Ga.,  to-day. 

Alexander  Fulton. 

On  motion  of  Mr.  Mullikin, 

The  Convention  adjourned. 


MONDAY,  September  5th,  1864. 

The  Convention  met  at  12  o’clock,  M. 

Prayer  by  the  Kev.  Mr.  Owen. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Berry,  of  Prince  George’s,  Billingsley, 
Blackiston,  Briscoe,  Dennis,  Edelen,  Gale,  Harwood,  Hen- 
kle,  Hodson,  Hopkins,  Hopper,  Johnson,  Mace,  Marbury, 
McComas,  Noble,  Peter,  Pugh,  Kobinette,  Sands,  Smith,  of 
Carroll,  Smith,  of  Worcester,  Sykes,  Thruston — 25. 

The  proceedings  of  Friday  were  read  and  approved. 

Mr.  Wickard  submitted  the  following  order : 

Ordered,  That  the  Special  Committee  on  publishing  the 


✓ 


701 


new  Constitution,  be  instructed  to  authorize  the  publication 
oi  the  same  in  two  newspapers  in  each  county  of  the  State,  (in 
which  there  are  two  printed,)  and  in  three  in  the  city  of  Balti- 
moie,.  at  least  three  times  before  the  day  on  which  it  shall  he 
submitted  to  the  people  for  their  ratification  or  rejection;  pro¬ 
vided,  it  can  he  done  at  a  cost  of  one  dollar  per  square. 

Mi .  Davis,  of  Charles,  submitted  the  following  amend¬ 
ment  : 

After  the  words  “three  times,”  insert  “for  at  least  two 
weeks  before  the  day  of  election;” 

Decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  order, 

Mr.  Wickard  demanded  the  yeas  and  nays; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


ISTegley, 

Nyman, 

Schley, 

Sneary, 

Swope, 

Thomas, 

Valliant, 

Wickard, 

Wooden — 28. 


Murray, 

Parker, 

Purnell, 

Ridgely, 

Russell, 

Schlosser, 

Scott, 

Smith,  of  Dor., 
Stirling, 
Stockbridge, 
Todd, 

Turner, 

*  Wilmer~40. 


Messrs. 

Abbott, 

Annan, 

Audoun, 

Baker, 

Belt, 

Brooks, 

Chambers, 

Clarke, 

Davis,  of  Wash., 


Messrs. 

Goldsborough,  P’t 
Berry,  of  Balt.  co. 
Bond, 

Brown, 

Carter, 

Crawford, 

Cunningham, 

Cushing, 

Dail, 

Daniel, 

Davis,  of  Charles, 
Earle, 

Ecker, 


Affirmative. 

Dellinger, 

Dent, 

Duvall, 

Greene, 

Hebb, 

Jones,  of  Som., 
Kennard, 
Lansdale, 
Miller, 

Morgan, 

Negative. 

• 

Farrow, 

Galloway, 

Hatch, 

Hoffman, 

Horsey, 

Jones,  of  Cecil, 
Keefer, 

King, 

Larsh, 

Lee, 

Markey, 

Mayhugh, 

Mitchell, 

Mullikin, 


702 


So  the  question  upon  its  adoption  was  decided  in  the 

negative. 

Mr.  Abbott  submitted  the  following  order  : 

Ordered,  That  this  Convention  recommend  the  Governor, 
immediately  after  the  adoption  of  the  new  Constitution,  to 
issue  pardons  to  all  persons  now  held  in  confinement  for  any 
violation  of  the  laws  made  for  the  protection  of  slavery  in  this 

State. 

Mr.  Maybugb  moved  to  lay  the  said  order  on  the  table; 

Decided  in  the  affirmative. 

Mr.  Greene  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  Accounts  be  directed  to 
adjust  the  per  diem  and  mileage,  according  to  law,,  of  the  sev¬ 
eral  members  of  the  Convention  up  to  and  inclusive  ot .  I  ues- 
day,  the  sixth  day  of  September,  1864,  and  to  issue  certificates 
for  the  same  to  members  on  and  after  that  day. 

Which  was  adopted. 

Mr.  Valliant  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  Accounts  pay  John  Mc- 
Gar riffle,  one  hundred  dollars  for  extra  services  rendered,  as 
superintendent  of  the  printing  of  the  Debates  of  this  Conven¬ 
tion. 

Which  was  adopted. 

Mr.  Valliant  submitted  the  following  order  : 

Ordered,  That  the  Committee  on  Accounts  be,  and  they 
are  hereby  instructed  to  pay  to  Mr.  Daniel  M.  Moore,  the  sum 
of  two  hundred  dollars,  for  extra  services  rendered,  for  index¬ 
ing  the  works  of  this  Convention. 

Mr  Thomas  moved  to  strike  out  ‘Two  bundled,  and  in¬ 
sert  “ three  hundred,” 

Decided  in  the  negative.  | 

The  question  recurring  upon  the  adoption  ot  the  order 
submitted  by  Mr.  "V  alliant , 

It  was  decided  in  the  affirmative. 

Mr.  Valliant  from  the  Committee  on  Reporting  and  Prin¬ 
ting  submitted  the  following 

REPORT : 

The  Committee  on  Reporting  and  Printing  to  whom  was 


703 


referred  the  order  offered  September  3rd,  1864,  by  Mr. 
Greene,  of  Allegany,  very  respectfully  beg  leave  to  report, 
that  after  mature  deliberation  they  have  concluded  that  said 
order  ought  not  to  be  adopted,  and  herewith  offer  the  follow¬ 
ing  instead  thereof : 

Ordered,  That  the  Comptroller  of  the  Treasury  be  author¬ 
ized,  and  is  hereby  disected  to  contract  with  Mr.  Richard  P. 
Eayly,  of  Annapolis,  Printer  to  the  Convention,  for  the 
printing  and  binding  of  500  copies  of  the  Constitution  when 
adopted  by  the  people  of  Maryland  ;  said  copies  to  be  printed 
in  the  same  style,  on  such  quality  of  paper,  and  bound  in 
like  manner  to  the  edition  of  the  present  Constitution,  pub¬ 
lished  by  Murphy  and  Co.,  of  Baltimore,  in  1855. 

James  Yalliant,  Chairman, 

Com.  on  Reporting  and  Printing. 

Mr.  Greene  moved  to  amend  said  report  of  the  Committee 
by  substituting  the  order  submitted  by  him  on  Friday  last, 
to  wit : 

That  the  State  Librarian  be  and  he  is  hereby  direct¬ 
ed  to  purchase  of  James  TVingate  300  copies  of  the  Constitution 
passed  by  this  Convention,  when  adopted  by  the  voters  of  this 
State  ;  said  Constitution  shall  contain  an  elaborate  Index,  pre¬ 
pared  with  references  to  articles  and  sections,  and  also  to  the 
page  ;  said  Constitution  shall  be  printed  in  the  best  style, 
(with  side  notes,)  on  fair  white  paper  with  large  fair  type 
and  well  bound,  and  shall  contain  the  names  of  the  members 
of  this  Convention  ;  said  Constitution  shall  contain  the  certi¬ 
ficate  of  the  Clerk  of  the  Court  of  Appeals,  that  it  is  a  true 
copy  of  the  Constitution  passed  by  this  Convention  ;  and  the 
Indexing  and  publication  of  said  Constitution  shall  be  ap¬ 
proved  by  the  President  of  this  Convention  ;  and  the  State  Li¬ 
brarian  shall  distribute  said  copies  of  the  Constitution,  as  fol¬ 
lows  :  One  copy  to  each  member  of  Convention,  to  the  Governor, 
Lieutenant  Governor,  Comptroller,  Treasurer,  Attorney  Gen¬ 
eral,  Adjutant  General,  Superintendent  of  Public  Education, 
and  Commissioner  of  the  Land  Office,  each  one  copy  ;  to  the 
Judges  and  Clerks  of  the  Circuit  Courts,  and  the  Courts  of 
Baltimore  city,  each  one  copy  ;  to  the  Judges  and  the  Clerk 
of  the  Court  of  Appeals,  each  one  copy  ;  to  the  Orphans' 
Courts  of  the  State,  each  one  copy  ;  to  the  State's  Attorneys, 
each  one  copy  ;  to  the  Register  of  Wills,  each  one  copy  ;  to 
the  Boards  of  County  Commissioners,  each  one  copy  ;  to  the 
Mayor  of  Baltimore  city,  one  copy;  and  fifty  copies  to  the 
Governor  for  distribution  to  the  Governors  of  the  several 
States  ;  and  the  remaining  eleven  copies  shall  be  retained  in 
the  State  Library,  subject  to  the  disposition  of  the  General  As- 


704 


sembly ;  and  the  President  of  this  Convention  is  hereby  author¬ 
ized  and  directed  to  pay  James  Wingate  one  hundred  dollars, 
for  preparing  said  carefully  elaborated  index  and  side  notes  to 
said  Constitution,  and  also  two  dollars  per  copy  for  said  Con¬ 
stitution,  when  published  by  James  Wingate. 

On  motion  of  Mr.  Jones,  of  Somerset, 

The  consideration  of  the  subject  was  informally  postponed. 

Mr.  Hebb  moved  to  suspend  the  Rules  to  receive  the  report 
of  the  Committee  on  Revision  and  Engrossment  ; 

Decided  in  the  affirmative. 

Mr.  Earle,  from  the  Committee  on  Revision  and  Engross¬ 
ment  submitted  a  report,  recommending  certain  alterations 
in  the  reports  of  the  Committee  on  the  Treasury  Department, 
Amendments  to  the  Constitution,  Tenure  of  Office,  Duties, 
&c.,  of  Civil  Officers,  Legislative  Department,  Judiciary 
Department ; 

Which  report  was  concurred  in. 

On  motion  of  Mr.  Chambers, 

The  Convention  took  a  recess  until  half-past  three  o’clock. 


AFTERNOON  SESSION. 

The  Convention  met  at  3J  o’clock,  P.  M. 

All  the  members  present  except  the  following : 

Messrs.  Barron,  Belt,  Berry,  of  Prince  George’s,  Billings¬ 
ley,  Blackiston,  Briscoe,  Chambers,  Clarke,  Davis,  of  Wash¬ 
ington,  Dennis,  Edelen,  Gale,  Harwood,  Plenkle,  Hodson, 
Hopkins,  Hopper,  Johnson,  King,  Mace,  Marbury,  McComas, 
Miller,  Noble,  Nyman,  Peter,  Pugh,  Robinette,  Sands, 
Smith,  of  Carroll,  Smith,  of  Worcester,  Sykes,  Thomas, 
Thruston — 34. 

Mr.  Davis,  of  Charles,  submitted  the  following  resolution  : 

Resolved,  That  it  is  the  sense  of  this  Convention,  that  all 
Constitutions  framed  by  Conventions,  called  by  the  voters  of 


705 


any  State  for  that  purpose  subject  to  their  ratification,  ought  to 
be  submitted  to  the  legal  voters  of  such  State  tor  their  ratifica¬ 
tion  or  rejection  before  such  Constitution  or  any  part  thereof 
shou  d  go  into  operation,  and  any  attempt  by  a  Convention 
to  adopt  and  put  in  force  a  Constitution  or  any  part  thereof 
in  violation  of  promises  to  the  people,  that  the  Constitution  to 
be  framed  should  be  submitted  to  them,  would  be  a  breach  of 
ai  h,  and  any  Convention  acting  in  such  manner  as  above 
described  ought  to  forfeit  the  confidence  of  the  people  ; 

Which  was  read  the  first  time. 


On  motion  of  Mr.  Wickard, 

It  was  ordered  to  be  noted  upon  the  Journal,  that  Dr. 
Hopkins  left  his  seat  in  the  Hall  on  Wednesday  afternoon 

on  account  of  his  wife’s  illness,  and  has  been  detained  since 
on  account  of  his  own. 

Mr.  Negley  moved  to  re-consider  the  vote  by  which  the  or¬ 
der  was  adopted  on  Tuesday  last,  in  reference  to  the  publica¬ 
tion  of  the  Constitution  ; 

Decided  in  the  affirmative. 

On  motion  of  Mr.  Negley, 

The  further  consideration  of  the  subject  was  postponed 
ntil  to-morrow.  11 


On  motion  of  Mr.  Hegley, 

The  Convention  proceeded  to  the  consideration  of  the 
Keport  of  the  Committee  on  Printing,  in  reference  to  the  pub¬ 
lication  of  the  Constitution  after  its  adoption  by  the  people. 

The  question  being  on  the  amendment  submitted  by  Mr 
Greene.  J 


Mi.  Thomas  demanded  the  yeas  and  naysj 
The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 

Messrs.  Duvall,  Mitchell, 

Berry,  of  Balt.  co.  Greene,  Morgan, 

Bond,  Hebb,  *  Parran, 

Brown,  Hoffman,  Ridgely, 

Chambers,  Hollyday,  Schlev 

Crawford,  Jones,  of  Som.,  Scott/’ 

Rail,  Lansdale,  Stirling, 

Daniel,  Lee,  Turner — 24. 

Dent, 

89 


i 


706 


Messrs. 

Abbott, 

Annan, 

Audonn, 

Baker, 

Carter, 

Cunningham, 
Cushing, 
Dellinger, 
Farrow, 
Galloway, 

So  the  question 
negative. 


Negative. 

Hatch, 

Horsey, 

Jones,  of  Cecil, 
Keefer, 

Kennard, 

King, 

Larsh, 

Mayliugh, 

Mullikin, 

Murray, 

Negley, 

upon  *  its  adoption 


Parker, 

Purnell, 

Russell, 

Sclilosser, 

Sneary, 

Swope, 

Thomas, 

Todd, 

Yalliant, 

Wickard, 
Wooden— 32. 

was  decided  in  the 


Upon  the  aforegoing  question,  Mr.  Stockbridge  refused  to 
vote. 


The  .question  recurring  upon  the  adoption  ot  the  report  of 
the  Committee. 


Mr.  Thomas  submitted  the  following  amendment: 

Strike  out  all  after  the  word  “ Maryland/7  and  insert  the 
words  “the  said  Constitution  shall  contain  an  elaborate  index 
prepared  with  reference  to  articles  and  sections,  and  also  to 
theApage.  The  said  Constitution  shall  be  printed  in  the' best 
style,  (with  side  notes,)  on  fair  white  paper,  with  large  fair 
type,  and  well  bound,  and  shall  contain  the  names  of  the 
members  of  this  Convention,  and  a  certificate  of  the  Clerk  of 
the  Court  of  Appeals  that  it  is  a  true  copy  of  the  Constitution 
passed  by  this  Convention;  and  the  cost  shall  not  exceed  two 
dollars  per  copy,  and  the  State  Librarian  shall  distribute  said 
copies  of  the  Constitution  as  follows : 

One  copy  to  each  member  of  the  Convention,  to  the  Governor, 
Lieutenant  Governor,  Comptroller,  Treasurer,  Attorney  Gen¬ 
eral,  Adjutant  General,  Superintendent  of  Public  Education 
and  Commissioner  of  Land  Office,  each  one  copy;  to  the 
Judges  and  Clerks  of  the  Circuit  Courts  and  the  Courts  of 
Baltimore  city  each  one  copy;  to  the  Judges  and  the  Clerk  of 
the  Court  of  Appeals  each  one  copy;  to  the  Orphans’  Courts 
of  the  State  each  one  copy;  .to  the  State’s  Attorneys  each  one 
copy;  to  the  Register  of  Wills  each  one  copy;  to  the  Boards  of 
County  Commissioners  each  one  copy;  to  the  Mayor  of  Balti¬ 
more  city  one  copy,  and  fifty  copies  to  the  Governor  for  dis¬ 
tribution  among  the  Governors  of  the  several  States. 

And  the  remaining  copies  shall  be  retained  in  the  State 
Library,  subject  to  the  disposition  of  the  General  Assembly.’ 


707 


Decided  in  the  affirmative. 

The  question  then  recurring  upon  the  adoption  of  the  re¬ 
port  oi  the  Committee  as  amended  ; 

It  was  decided  in  the  affirmative. 

i»ix.  Ridgely  submitted  the  following  order  : 

Ordered,  That  the  President  of  this  Convention  be  allowed 
a  per  diem  of  six  dollars,  and  that  the  Committee  on  Accounts 
audit  his  account  accordingly. 

idr.  Lee  submitted  the  following  amendment : 

Add  at  the  end  of  the  order  the  words  : 

And  that  the  Committee  on  Accounts  he  hereby  instructed 
to  audit  the  mileage  account  of  each  member  of  this  Conven¬ 
tion  accoi  ding  to  the  joint  resolution  of  the  General  Assem- 

y  ^UiS  State  at  its  last  session,  adjusting  the  mileage  of 
the  members  of  that  body  ; 

t/  j 

Mr.,Dellenger,  called  the  previous  question, 

The  question  being, 

“Shall  the  main  question  be  now  put?” 

It  was  decided  in  the  affirmative. 

Mr.  Stockbridge  moved  a  call  of  the  Convention; 

Which  was  sustained, 

On  motion  of  Mr.  Negley, 

Further  proceedings  under  the  call  was  dispensed  with. 

The  question  then  being  on  the  amendment  submitted 
by  Mr.  Lee ; 

Mr.  Daniel  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows: 


Affirmative. 


Messrs. 


Dellinger,  . 
Dent, 

Duvall, 

Hatch, 

Holly  day, 
Jones,  of  Cecil 
King, 
Lansdale, 
Larsh, 


Miller, 

Morgan, 

Murray, 

Parran, 

Ridgely, 

Swope, 

Turner, 


Abbott, 

Audoun, 

Berry,  of  Balt.  co. 
Bond, 

Carter, 

Chambers, 

Crawford, 

Dail, 


Wickard — 25. 


/ 


708 


Negative. 


sssrs. 

Hebb, 

Barker, 

Annan. 

Hoffman, 

Purnell, 

/ 

Baker, 

Horsey, 

Bussell, 

Belt, 

Jones,  of  Som., 

Schley, 

Brown, 

Keefer, 

Schlosser, 

Cunningham, 

Kennard, 

Scott, 

Cushing, 

Lee, 

Sneary, 

Daniel, 

Mar  key, 

Stirling, 

Davis,  of  Wash., 

Mayhugh, 

Stockbridge 

Ecker, 

Mitchell, 

Thomas, 

Farrow, 

Mullikin, 

Todd, 

Greene, 

Negley, 

Yalliant, 

Harwood, 

Nyman, 

Wooden — 3: 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

The  question  recurring  upon  the  adoption  of  the  order  suo- 
mitted  by  Mr.  Ridgely. 

Mr.  Cushing  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Affirmative. 


Messrs. 

Greene, 

Negley, 

Brown, 

Harwood, 

Parker, 

Cunningham, 

Holly  day, 

Purnell, 

Cushing, 

Jones,  of  Som., 

Ridgely, 

Dellinger, 

Lansdale, 

Schley, 
Thomas, 
Yalliant— 20. 

Dent, 

Morgan, 

Murray, 

Negative. 

Farrow, 

Messrs. 

Ecker, 

Miller, 

Abbott, 

Galloway, 

Mullikin, 

Annan, 

Hatch , 

Nyman, 

Audoun, 

Hebb, 

Parran, 

Baker, 

Hoffman, 

Bussell, 

Belt, 

Horsey, 

Schlosser, 

Berry,  of  Balt.  co. 

Jones,  of  Cecil, 

Scott, 

Sneary, 

Bond, 

Keefer, 

Carter, 

Kennard, 

Stirling, 

Chambers, 

King, 

Stockbridge, 

Crawford, 

Larsh, 

Swope, 

Dail, 

Lee, 

Todd, 

4 


Daniel, 

Davis,  of  Wash., 
Duvall, 


Markey, 

Mayhugh, 


Mitchell 


Turner, 
Wickard, 
Wooden — 44. 


So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

Mr.  Chambers  submitted  the  following  resolution  : 

Resolved,  That  the  thanks  of  the  Convention  are  due  and 
are  hereby  tendered  to  the  Hon.  Henry  H.  Goldsborough,  the 
Presiding  Officer  of  the  Convention,  for  his  dignified,  elhcient 
and  impartial  discharge  of  the  duties  of  the  Chair. 

Which  was  read  the  first  time. 

On  motion  of  Mr.  Chambers, 

_  The  rules  were  suspended,  the  resolution  read  the  second 
time,  and  unanimously  adopted. 

On  motion  of  Mr.  Brown, 

The  Convention  took  a  recess  until  8  o’clock. 


EVENING  SESSION. 


The  Convention  met  at  8  o’clock,  P.  M. 

All  the  members  present  except  the  following  : 

Messrs.  Barron,  Belt,  Berry,  of  Baltimore  county,  Billings¬ 
ley,  Blackiston,  Briscoe,  Brooks,  Chambers,  Clarke,  Davis, 
of  Charles,  Dellinger,  Dennis,  Gale,  Henlde,  Hodson,  Hop¬ 
kins,  Johnson,  Lansdale,  Mace,  Marbury,  Mayhugh,  Miller 
Morgan,  Noble,  Parker,  Peter,  Robinette,  Sands,  Smith,  of 
Carroll,  Smith,  of  Dorchester,  Smith,  of  Worcester,  Stirling 
Thruston,  Turner,  Wilmer — 35. 

Mr.  Hebb  submitted  the  following  order  : 

Ordered,  That  the  bound  copies  of  the  Journal  of  Proceed¬ 
ings  and  of  the  Debates  be  placed  in  the  State  Library,  and 
that  the  Librarian  distribute  such  number  of  the  same  as  may 
he  necessary,  in  the  same  manner  and  to  the  same  persons 
and  the  same  officers  as  the  Laws  of  the  General  Assembly 


710 


are  distributed;  also  to  each  member  of  the  Convention  two 
copies  of  the  Debates,  and  one  copy  of  the  Journal  of  Proceed¬ 
ings,  to  the  official  Reporter  three  copies  of  the  Debates,  to  the 
Assistant  Reporter  three  copies  of  the  Debates,  to  each  Chap¬ 
lain,  officer  and  appointee  of  the  Convention  one  copy  of  the 
Journal  of  Proceedings  and  one  copy  of  the  Debates;  and  the 
remaining  copies  of  the  Journal  of  Proceedings  and  of  the 
Debates  shall  be  retained  in  the  Librar}^  subject  to  the  future 
order  of  the  General  Assembly,  and  the  President  of  the  Con¬ 
vention  is  hereby  authorized  to  issue  to  the  Librarian  his  cer- 
tificate  for  such  sum  as  may  be  necessary  to  defray  the  expen¬ 
ses  of  such  distribution. 

Mr.  Abbott  moved  to  amend  by  inserting  six  copies  for  the 
Chief  Reporter,  and  three  copies  for  the  Assistant  Reporter  ; 

Decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  order  as 
amended, 

It  was  decided  in  the  affirmative. 

Mr.  Duvall  submitted  the  following  order : 

Ordered,  That  the  thanks  of  this  Convention  are  due  to 
and  are  hereby  tendered  Wm.  R.  Cole  and  Jno.  H.  Shaw, 
Secretary  and  Assistant  Secretary,  and  all  other  officers  con¬ 
nected  with  the  Convention,  for  the  faithful  and  efficient 
manner  in  which  they  have  discharged  their  respective 
duties  ; 

Which  was  adopted. 

Mr.  Earle,  from  the  Committee  on  Revision  and  Engross¬ 
ment,  submitted  a  report,  recommending  certain  alterations 
and  amendments  to  the  report  of  the  Committee  on  Schedule  ; 

Which  report  was  concurred  in. 

On  motion  of  Mr.  Abbott, 

The  final  reading  of  the  Constitution  was  made  the  order 
of  the  day  for  to-morrow  morning  at  10  o’clock. 

On  motion  of  Mr.  Thomas*, 

The  Convention  adjourned. 


711 


TUESDAY,  September  6th,  1864. 

The  Convention  met  at  o’clock,  A.  M. 

Prayer  by  Rev.  Mr.  Patterson. 

All  the  members  present  except  the  following : 

Messrs.  Berry,  of  Prince  George’s,  Billingsley,  Blackiston, 
Briscoe,  Clarke,  Dennis,  Earle,  Edelen,  Harwood,  Hopkins, 
Johnson,  Mace,  Noble,  Robinette,  Sands,  Smith,  of  Carroll, 
Smith,  of  Worcester,  Thruston — 18. 

The  proceedings  of  yesterday  were  read  and  approved. 

Mr.  Abbott  moved  to  take  up  the  order  submitted  by  him 
on  yesterday,  recommending  the  Governor,  immediately  after 
the  adoption  of  this  Constitution,  to  issue  pardons  to  ail  per¬ 
sons  now  held  in  confinement  for  any  violation  of  the  laws 
made  for  the  protection  of  slavery  in  this  State  ; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Pugh  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 


Messrs. 

Ecker, 

Parker, 

Goldsborough,  P’t 

Farrow, 

Pugh, 

Abbott, 

Galloway, 

Purnell, 

Annan, 

Greene, 

Ridgely, 

Audoun, 

Hatch, 

Russell, 

Baker, 

Hoffman, 

Schley, 

Barron, 

Hopper, 

Schlosser, 

Berry,  of  Bait.  co. 

Keefer, 

Scott, 

Brooks, 

Kennard, 

Sneary, 

Carter, 

King, 

Stirling, 

Cushing, 

McComas, 

Stockhridge, 

Daniel, 

Murray, 

Swope, 

Davis,  of  Wash., 

Negley, 

Sykes, 

Dellinger, 

Nyman, 

Negative. 

Valliant — 41. 

Messrs. 

Henkle, 

Mitchell, 

Belt, 

Hollyday, 

Miller, 

Bond, 

Horsey, 

Morgan, 

Brown, 

Jones,  of  Cecil, 

Mullikin, 

712 


Chambers, 

Jones,  of  Som., 

Par  ran, 

Crawford, 

Lansdale, 

Peter, 

Cunningham, 

Larsh, 

Smith,  of  Dor. 

Dail, 

Lee, 

Todd, 

Davis,  of  Charles, 

Mar  bury, 

Turner, 

Dent, 

Markey, 

Wilmer, 
Wooden— 33. 

Duvall, 

Gale, 

Mayhugh, 

So  the  question  upon  its  adoption  was  decided  in 
affirmative. 

The  question  then  being  on  the  adoption  of  the  order  ; 
Mr.  Pugh  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays 

were  called,  and  appeared  as  follows 

Affirmative. 

Messrs. 

Dellinger, 

McComas, 

Goldsborough,P’t 

Ecker, 

Negley, 

Abbott, 

Farrow, 

Pugh, 

Purnell, 

Annan, 

Galloway, 

Audoun, 

Harwood, 

Russell, 

Baker, 

Hatch, 

Schley, 

Barron, 

Hebb, 

Schlosser, 

Brooks, 

Hopper, 

Stirling, 

Carter, 

Keefer, 

Stockbridge, 

Cunningham, 

Kennard, 

Swope, 

Valliant — 34. 

Cushing, 

Daniel, 

Markey, 

Mayhugh, 

Negative. 

Messrs. 

Hodson, 

Miller, 

Belt, 

Hoffman, 

Morgan, 

Mullikin, 

Berry,  of  Balt  co., 

Holly  day, 

Bond, 

Horsey, 

Parker, 

Chambers, 

Jones,  of  Cecil, 

Peter, 

Crawford, 

Jones,  of  Som., 

Ridgely, 

Dail, 

King, 

Smith,  of  Dor., 

Davis,  of  Charles, 

Lansdale, 

Sykes, 

Dent, 

Larsh, 

Turner, 

Duvall, 

Lee, 

Wilmer, 
Wooden — 34. 

Gale, 

Henlde, 

Mar  bury, 

Mitchell, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 


i 


713 


Mr.  Berry,  of  Baltimore  county,  moved  to  take  no  the  re«n 

Sirw  **"  Cl‘rta  “  *— r.  M'V  «“  «c 

Decided  in  the  affirmative. 

am^endmentf  mtimore  county,  submitted  the  following 

Amend  said  resolutions  by  substituting  the  following: 

Resolved,  That  a  special  committee  to  consist  of  seven 
members  be  appointed  by  the  President  of  the  Convention 
.  ''  "C  ,  IC  sllaU  act  as  chairman,  whose  duty  it  shall  be  to 
visit  and  confer  with  the  President  of  the  United  States 
respecting  an  appropriation  on  the  part  of  the  Federal  Go? 
eminen  t  to  the  State  of  Maryland  in  conformity  to  the  recom- 
endations  of  the  messages  of  the  President  of  the  United 

joint  resffiSion  ®  rH®62,  and  December  1st,  1862,  and  the 
declar  ?  ? t  t  ^gcess,  approved  April  10th,  1862, 

anv  State’ wh-  t  U°,ted  States  0USht  to  co-operate  with 
t  v, -n?  ,  C]L  “ay  adoPt  gradual  abolishment  of  slavery 

•L  a?  °  sueh  State  pecuniary  aid,  to  be  used  by  the  State  in 
iscretion,  to  compensate  for  inconveniences,  public  and 
pri/ate,  produced  by  such  a  change  of  system.” 

Sta^^rtiffieS6??!1  ?bn!it  t0  the  President  of  the  United 
this  P?  4  f  -  24  f10  Declaration  of  Rights,  as  adopted  by 

this  Convention,  and  respectfully  ask  in  behalf  of  this  body7 

that,  upon  the  ratification  of  said  24th  article  by  the  peoffie 

on Z  :lh:JllU  reCOmmend  t0  Co^  at  it.  neK! 
owne,  f  rt  •  appropriation  as  will  compensate  loyal 

premises^0'  16  mconvenlences  and  losses  sustained  in  the 


Mr.  Audoun  moved  to  lay  the  amendment  on  the  table, 
The  question  being  on  the  adoption  of  the  motion, 
nayf'  Berry’-of  Baltimore  county,  demanded  the  yeas  and 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 


Messrs. 

Abbott, 

Annan, 

Audoun, 

90 


Affirmative. 

Ecker, 

Greene, 

Harwood, 

Hatch, 


Kennard, 

Pugh, 

Schley, 

Schlosser, 


714 


Barron, 

Ilebb, 

Stirling, 

Brooks, 

Cushing, 

Keefer, 

Wooden — 18. 

* 

Negative. 

Messrs. 

Henkle, 

Mullikin, 

Goldsborough,  P’t 

Hodson, 

Murray, 

Baker, 

Hoffman, 

Negley, 

Belt, 

Hollyday, 

Nvman, 

Berry,  of  Balt.  co. 

Hopper, 

Parker, 

Bond, 

Horsey, 

Peter, 

Brown, 

Jones,  of  Cecil, 

Purnell, 

Carter, 

Jones,  of  Som., 

Ridgely, 

Chambers, 

King, 

Russell, 

Crawford, 

Lansdale, 

Snutn,  of  x  or 

Cunningham, 

Harsh, 

Stockbridge, 

Dail, 

Lee, 

Swope, 

Daniel, 

Marbury, 

Sykes, 

Davis,  of  Charles, 

Markey, 

Todd 

Dent, 

Mayhugh, 

Turner, 

Yalliant, 

Duvall, 

Me  Co  mas, 

Farrow, 

Mitchell, 

Wickard, 

Gale, 

Miller, 

Wilmer — 55. 

Galloway,  Morgan, 

So  the  question  upon  its  adoption  was  decided  in  the 
negative. 

The  question  then  being  on  the  adoption  of  said  amend¬ 
ment, 

Mr.  Berry,  of  Baltimore  county,  called  the  previous  ques¬ 
tion, 

The  question  being, 

‘‘Shall  the  main  question  he  now  put?” 

It  was  decided  in  the  affirmative. 

The  question  again  being  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Berry,  of  Baltimore  county; 

Mr.  Stirling  demanded  the  yeas  and  nays. 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 

Messrs.  Galloway,  Miller, 

Goldsborough,  P’t  Henkle,  Morgan, 

Baker,  Hodson,  Mullikin, 


r 

715 


Belt, 

Hoffman, 

Hollyday, 

Murray, 

Berry,  of  Balt.  co. 

Parker, 

Bond, 

Hopper, 

Peter, 

Brown, 

Horsey, 

Purnell, 

Carter, 

Jones,  of  Cecil, 

Ridgely, 

Chambers, 

Crawford, 

Jones,  of  Som., 

Russell, 

King, 

Smith,  of  Dor., 

Dail, 

Lansdale, 

Swope, 

Daniel, 

Larsh, 

Sykes,  ■ 

Davis,  of  Charles, 

Lee, 

Todd,  • 

Dellinger, 

Mar  key, 

Turner, 

Duvall, 

May  h  ugh, 

* 

Valliant, 

Farrow, 

McComas, 

Wilmer — 49. 

Gale, 

Mitchell, 

Negative. 

• 

Messrs. 

Ecker, 

Pugh, 

Abbott, 

Greene, 

Schley, 

Annan, 

Harwood. 

Schlosser, 

Audoun, 

Hatch , 

Stirling, 

Barron, 

Ilebb, 

Stockbridge, 

Brooks, 

Keefer, 

Thomas, 

Cunningham, 

Kennard, 

Wickard, 

Cushing, 

Mar  bury, 

Wooden— 24. 

Dent, 

Negley, 

So  the  question  upon  its  adoption 
affirmative. 

was  decided  in  the 

The  resolution  as  amended  was  then  adopted. 

The  President  announced  the  following  Committee  in  ac¬ 
cordance  with  the  above  order  : 

Messrs.  Goldsborough,  (Chairman,)  Berry,  of  Baltimore 
county,  Purnell,  Negley,  Todd,  Smith,  of  Carroll,  and 
Hopper. 

Mr.  Belt  moved  to  re-consider  the  vote  by  which  the  order 
submitted  by  Mr.  Ridgely  and  the  amendment  submitted 
by  Mr.  Lee  on  yesterday,  in  reference  to  increasing  the  per 
diem  of  the  President,  and  instructing  the  Committee  on 
Accounts  to  re-adjust  the  mileage  of  the  members  ; 

The  question  being  on  the  adoption  of  the  motion; 

Mr.  Stockbridge  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


716 


Affirmative. 


Messrs. 

Duvall, 

Mayliugh, 

Abbott, 

Gale, 

Miller,' 

Audoun, 

Hatch, 

Morgan, 

Negley, 

Barron, 

Henkle, 

Belt, 

Hodson, 

Peter, 

Berry  of  Balt,  co., 

Holly  day, 

Eidgely, 

Bond, 

Jones,  .of  Cecil, 

Smith,  of  Dor., 

Brooks, 

Jones,  of  Som., 

Swope, 

Carter, 

Kin  (>■ 

Sykes, 

Chambers, 

Lansdale, 

Turner, 

Crawford, 

Larsh, 

Wickard, 

Bail, 

Lee, 

Marbury, 

Negative. 

Wilmer, 

Dellinger, 

Dent* 

Wooden — 39. 

Messrs. 

Harwood, 

Parker, 

Annan, 

Hebb, 

Pugh, 

Baker, 

Hoffman, 

Purnell, 

Cunningham, 

Horsey, 

Bussell, 

Cushing, 

Keefer, 

Schley, 

Daniel, 

Kennard, 

Schlosser, 

Davis,  of  Charles. 

,  Mar  key, 

Scott, 

Ecker, 

McComas, 

Stirling, 

Farrow, 

Mitchell, 

Mullikin, 

Stockbridge, 

Greene, 

Thomas — 29. 

So  the  question 
affirmative. 

upon  its  adoption  was  decided  in  the 

The  time  having 
Day  ; 

arrived  for  taking  up  the  Order  of  the 

Mr.  Miller  moved 
half-an-hour  ; 

to  postpone  the 

Order  of  the  Day  for 

The  question  bein 

g  on  the  adoption 

of  the  motion, 

Mr.  Stockbridge  demanded  the  yeas 
The  demand  being  sustained, 

and  nays, 

The  yeas  and  nays  were  called,  and 

Affirmative. 

appeared  as  follows : 

Messrs. 

Dent, 

Markey, 

Abbott, 

Duvall, 

Mayhugh, 

Audoun, 

Gale, 

Miller, 

Barron, 

Hatch, 

Morgan, 

717 


Belt, 

Berry,  of  Balt.  co. 
Bond, 

Brooks, 

Carter, 

Crawford, 

Cunningham, 

Dail, 

Davis,  of  Charles, 
Dellinger, 


Henkle, 

Hodson, 

Holly  day, 
Horsey, 

Jones,  of  Cecil, 
Jones,  of  Som., 
Lansdale, 
Larsh, 

Lee, 

Mar  bury, 


Messrs. 

Annan, 

Baker, 

Daniel, 

Ecker, 

Farrow, 

Greene, 

Harwood, 


Negative. 

Hebb, 

Hoffman, 

Keefer, 

Kennard, 

McComas, 

Mullikin, 

Parker, 


Negley, 
Kidgely, 
Schlosser, 
Smith,  of  Dor., 
Swope, 

Sykes, 

Turner, 
Wickard, 
Wilmer, 
Wooden — 41. 


Pugh, 

Purnell, 

Bussell, 

Schley, 

Scott, 

Stirling, 

Stockbridge — 21. 


So  the  question  upon  its  adoption  was  decided  in  the 
affirmative.' 

Mr.  Gale  called  the  previous  question, 

The  question  then  being, 

“Shall  the  main  question  be  now  put?” 


It  was  decided  in  the  affirmative. 


The  question  next  being  on  the  adoption  of  the  amend¬ 
ment  submitted  by  Mr.  Lee  ; 

Mr.  Stockbridge  demanded  the  yeas  and  nays  ; 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 


Mayhugh, 

Miller, 

Morgan, 

Negley, 

Peter, 

Ridgely, 

Smith,  of.  Dor., 
Swope, 

Sykes, 


Messrs. 

Abbott, 

Audoun, 

Barron, 

Belt, 

Berry,  of  Balt. 
Bond, 

Brooks, 

Carter, 


Affirmative. 

Duvall, 

Gale, 

Hatch, 

Henkle, 
Hodson, 
Hollyday, 
Jones,  of  Cecil, 
Jones,  of  Som., 
King, 


718 


Crawford, 

Lansdale, 

Turner, 

Wickard, 

Dail, 

Larsh, 

Dellinger, 

Lee, 

Wilmer, 

Dent, 

Marbury, 

Negative. 

Wooden — 38. 

\ 

Messrs. 

Harwood, 

Parker, 

Annan, 

Hebb, 

Hoffman, 

Pugh, 

Baker, 

Purnell, 

Cunningham, 

Horsey, 

Russell, 

Cushing, 

Keefer, 

Schley, 

Daniel, 

Kennard, 

Schlosser, 

Davis,  of  Charles, 

Markey, 

Scott, 

Davis,  of  Wash., 

Me  Comas, 

Sneary, 

Ecker, 

Mitchell, 

Stirling, 

Farro  w, 

Mullikin, 

Stockbridge, 

Galloway, 

Nyman, 

Thomas — 33. 

Greene, 

So  the  question  upon  its  adoption  was  decided  in  the 
affirmative. 

The  question  recurring  upon  the  adoption  of  the  order  sub¬ 
mitted  by  Mr.  Ridgely,  as  amended  ; 

Mr.  Schley  demanded  the  yeas  and  nays, 

The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows : 

Affirmative. 


Messrs. 

Duvall, 

Mayhugh, 

Abbott, 

Gale, 

Miller, 

Audoun, 

Hatch , 

Morgan, 

Barron, 

Idenkle, 

Negley, 

Belt, 

Hodson, 

Peter, 

Berry,  of  Balt.  co. 

Hollyday, 

Ridgely, 

Bond, 

Jones,  of  Cecil, 

Smith,  of  Dor. 

Brooks, 

Jones,  of  Som., 

Swope, 

Brown, 

King, 

Sykes, 

Carter, 

Lansdale, 

Turner, 

Crawford, 

Larsh, 

.  Wickard, 

Dail, 

Lee, 

Wilmer, 
Wooden— 39. 

Dellinger, 

Dent, 

Marbury, 

Negative. 

Messrs. 

Harwood, 

Parker, 

Annan, 

Hebb, 

Pugh, 

719 


Baker, 

Hoffman, 

Purnell, 

Cunningham, 

Horsey, 

Russell, 

Cushing, 

Keefer, 

Schley, 

Daniel, 

Kennard, 

Schlosser, 

Davis,  of  Charles, 

Mar  key, 

Scott, 

Davis,  of  Wash., 

McComas, 

Sneary, 

Earle, 

Mitchell, 

Stirling, 

Ecker, 

Mullikin, 

Stockbridge, 

Galloway, 

Murray, 

Thomas — 34. 

Greene, 

Nyman , 

So  the  question 

upon  its  adoption 

was  decided  in  the 

affirmative. 

Mr.  Schley  submitted  an  order  which  he  moved  be  entered 
on  the  Journal. 

f 

Decided  in  the  negative. 

Mr.  Audoun  submitted  the  following  order: 

Ordered,  That  before  any  person  shall  receive  the  benefits 
to  be  derived  from  the  resolutions  offeree^  by  the  gentleman 
from  Baltimore  county,  Mr.  Berry,  (namely,  providing  for 
the  General  Assembly  to  receive  such  moneys  as  the  Govern¬ 
ment  may  think  proper  to  appropriate  to  loyal  owners  of 
slaves  in  this  State,)  the  persons  so  claiming  shall  take  and 
subscribe  to  the  oath  as  prescribed  in  this  Constitution  in  the 
article  on  the  Elective  Franchise. 

Pending  the  consideration  of  which, 

The  time  again  arriving  for  taking  up  the  Order  of  the 
Day. 

On  motion  of  Mr.  Galloway. 

It  was  further  postponed  until  12  o’clock. 

Mr.  Negley  moved  to  take  up  the  order  adopted  on  Tues¬ 
day  and  re-amended  yesterday,  in  reference  to  the  publication 
of  the  Constitution. 

Decided  in  the  affirmative. 

Mr.  Negley  moved  to  strike  out  the  word  “sixty,”  before 
the  word  “thousand,”  and  insert  the  word  “twenty;” 

Decided  in  the  negative. 

Mr.  ISTegley  submitted  the  following  amendment : 

Amend  said  order  by  substituting  the  following: 

Ordered,  That  the  Committee  on  Publishing  be  directed  to 


have  the  Constitution  published  in  one  or  more  newspapers  in 
each  county  and  the  city  of  Baltimore,  once  a  week  for  three 
successive  weeks  before  the  day  of  its  ratification  or  rejection  ; 
provided,  it  can  be  done  at  a  cost  of  not  more  than  75  dollars 
to  each  paper  in  which  it  is  published. 

Pending  the  consideration  of  which, 

The  hour  again  arrived  for  taking  up  the  Order  of  the  Day, 

Mr.  Abbott  moved  a  call  of  the  Convention  ; 

The  call  being  sustained, 

The  roll  was  called,  and  the  following  members  re¬ 
sponded: 

Messrs.  Goldsborough,  (President,)  Abbott,  Annon, 
Baker,  Barron,  Berry,  of  Baltimore  county,  Bond,  Brown, 
Carter,  Cunningham,  Dail,  Daniel,  Davis,  of  Charles,  Duvall, 
Earl,  Ecker,  Farrow,  Galloway,  Greene,  Hatch,  Hebb,  Hod- 
son,  Hoffman,  Hopper,  Horsey,  Jones,  of  Cecil,  Keefer,  Ken- 
nard,  King,  Lansdale,  Larsh,  Lee,  Marbury,  Markey,  May- 
hugh,  McComas,  Mitchell,  Miller,  Morgan,  Mullikin,  Murray, 
Negley,  Parker,  P#gh,  Purnell,  Russell,  Schlosser,  Scott, 
Smith,  of  Dorchester,  Sneary,  Stirling,  Stockbridge,  Swope, 
Sykes,  Thomas,  Yralliant,  Wickard,  Wilmer,  Wooden — 58. 

On  motion  of  Mr.  Pugh, 

Further  proceedings  under  the  call  were  dispensed  with. 

Mr.  Negley  moved  to  further  postpone  the  consideration  of 
the  Order  of  the  Day. 

Decided  in  the  affirmative. 

The  question  then  being  on  the'  adoption  of  the  order 
submitted  by  Mr.  Negley  ; 

It  was  decided  in  the  affirmative. 

The  Order  of  the  Day  was  then  taken  up. 

Mr.  Earle,  Chairman  of  the  Committee  on  Revision  and 
Engrossment,  submitted  the  following  engrossed  copy  of  the 
Declaration  of  Rights  and  Constitution  : 


721 


DECLARATION  OF  EIGHTS. 

Wb,  the  people  of  the  State  of  Maryland,  grateful  to  Almi°-htv 
God  for  our  civil  and  religious  liberty,  and  taking  into  our 
serious  consideration  the  best  means  of  establishing  a  <mod 
Constitution  in  this  State  for  the  sure  foundation  and  more 
permanent  security  thereof,  declare: 

Arikle  !.  That  we  hold  it  to  be  self  evident,  that  all  men 
are  created  equally  free,  that  they  are  endowed  bv  their 

Hhertr1-  h  '  c?!'tam  unalienable  rights,  among  which  are  life, 

the  r  M  ’  hf  erTymeDfc  0t  the  Proceeds  of  their  own  labor,  and 
the  pursuit  oi  happiness. 

f:  fTlia,t  a,11-  o0Vernment  of  right  originates  from  the 
pecque,  is  founded  in  compact  only,  and  instituted  solely  for 

ableSri°  bt°t '  ’ 1."^°  %’  and  the-v,have  at  ali  times  the  unalien- 

n  it  -ght  ?  alter’  reform’  or  abolish  the>r  form  of  Govern¬ 
ment.  in  suca  manner  as  they  may  deem  expedient. 

Art.  o.  That  the  people  of  this  State  ought  to  have  the  sole 

policeThereof  ^  regulatiag  the  internal  government  and 

Art.  4.  That  the  inhabitants  of  Maryland  are  entitled  to 

to  tbemDOn  ?i  -bagland’  aml  t!je  trial  by  jurv  according 
to  tbe  course  of  that  law  and  to  the  benefit  of  such  of  the 

Lngiish  Statutes  as  existed  on  the  fourth  dav  of  Juhvseven- 

teen  hundred  and  seventy-six,  and  which,  by  experienc 

been  found  applicable  to  their  local  and  other  circumstances, 

and  have  been  introduced,  used  and  practiced  bv  the  Courts 

fi"  f0Ij  Eqaltf’  and.  a,lso  of  acts  of  Assembly  in  force  on 
he  hist  da\  m  „une  eighteen  hundred  and  sixty-four,  except 

•  u  a>  may  have  since  expired,  or  may  be  inconsistent  with 
the  provisions  of  this  Constitution,  subject  nevertheless  to  the 
•SWT*.  an,d  amendment  or  repeal  by  the  Legislature  of 
to  ll16’  an.d  tdie  inhabitants  of  Maryland  are  also  entitled 
°  Pr°PertJ  de"ved  to  them  from  or  under  the  charter 
granted  by  his  Majesty,  Charles  the  First,  to  Cecilias  Calvert, 
-oaron  of  Baltimore. 

Art.  5.  The  Constitution  of  the  United  States,  and  the  laws 
made  in  pursuance  thereof,  being  the  supreme  law  of  the  land 
every-  citizen  or  this  State  owes  paramount  allegiance  to  the 
Constitution  and  Government  of  the  United  States,  and  is  not 

bound  by  any  law  or  ordinance  of  this  State  in  contravention 
or  subversion  tnereof. 

Art.  6.  That  all  persons  invested  with  the  Legislative  or 
executive  powers  of  government  are  the  Trustees  of  the  pub- 

91 


% 


722 


lie,  and  as  such,  accountable  for  their  conduct;  wherefore, 
whenever  the  ends  of  government  are  perverted,  and  public 
liberty  manifestly  endangered,  and  all  other  means  of  redress 
are  ineffectual,  the  people  may,  and  of  right  ought  to  reform 
the  old  or  establish  a  new. government.  The  doctrine  ot  non 
resistance  against  arbitrary  power  and  oppression  is  absurd, 
slavish  and  destructive  of  the  good  and  happiness  ot  man- 

kind.  .  * 

Art,  7.  That  the  right  of  the  people  to  participate  m  the 
Legislature  is  the  best  security  of  liberty,  and  the  foundation 
of  all  free  government;  for  this  purpose  elections  ought  to  be 
free  and  frequent,  and  every  free  white  male  citizen  having 
the  qualifications  prescribed  by  the  Constitution,  ought  to 
have  the  right  of  suffrage. 

Art.  8.  That  the  Legislative,  Executive  and  Judicial  pow¬ 
ers  of  government  ought  to  be  forever  separate  and  distinct 
from  each  other,  and  no  person  exercising  the  functions  of  one 
of  said  departments  shall  assume  or  discharge  the  duties  or 

any  other. 

Art.  9.  That  no  power  of  suspending  laws  or  the  execution 
of  laws,  unless  hv  or  derived  from  the  Legislature,  ought  to  be 
exercised  or  allowed. 

i 

Art.  10.  That  freedom  of  speech  and  debate,  or  proceedings 
in  the  Legislature,  ought  not  to  be  impeached  in  any  Court  of 
Judicature.. 

Art.  11.  That  Annapolis  he  the  place  for  the  meeting  of 
the  Legislature,  and  the  Legislature  ought  not  be  convened 
or  held  at  any  other  place  hut  from  evident  necessity. 

Art.  12.  That  for  the  redress  of  grievances,  and  for  amend¬ 
ing,  strengthening  and  preserving  the  laws,  the  Legislature 
ought  to  be  frequently  convened. 

Art.  13.  That  every  man  hath  a  right  to  petition  the 
Legislature  for  the  redress  of  grievances,  in  a  peaceable  and 
orderly  manner. 

Art,  14.  That  no  aid,  charge,  tax,  burthen  or  fees,  ought 
to  be  fated  or  levied  under  any  pretence,  without  the  consent 

of  the  Legislature. 

Art.  15.  That  the  levying  of  taxes  by  the  poll  is  grievous 
and  oppressive,  and  ought  to  be  prohibited  ;  that  paupers 
ought  not  to  he  assessed  for  the  support  of  the  Government,  hut 
every  other  person  in  the  State  or  person  holding  property 
therein,  ought  to  contribute  his  proportion  of  public  taxes, 
for  the  support  of  Government,  according  to  his  actual  worth 


in  real  or  personal  property  ;  yet  fines,  duties  or  taxes  may 
properly  and  justly  be  imposed  or  laid,  with  a  political  view, 
for  the  good  government  and  benefit  of  the  community. 

Art.  1  6.  That  sanguinary  laws  ought  to  be  avoided  as  far 
as  it  is  consistent  with  the  safetv  of  the  State  ;  and  no  law 
to  inflict  cruel  and  unusual  pains  and  penalties  ought  to  be 
made  in  any  case  or  at  any  time  hereafter. 

Art.  17.  That  retrospective  laws,  punishing  acts  committed 
before  the  existence  of  such  laws,  and  by  them  only  declared 
criminal  are  oppressive,  unjust  and  incompatible  with  liber¬ 
ty  ■  wherefore ,  no  expost  facto  law  ought  to  be  made. 

Art.  18.  That  no  law  to  attaint  particular  persons  of  trea¬ 
son  or  felony  ought  to  be  made  in  any  case,  or  at  any  time, 
hereafter. 

Art.  19.  That  every  man,  for  any  injury  done  to  him  in 
his  person  or  property,  ought  to  have  remedy  by  the  course 
of  the  law  of  the  land,  and  ought  to  have  justice  and  right, 
freely  without  sale,  fully  without  any  denial,  and  speedily 
without  delay,  according  to  the  law  of  the  land. 

Ar.  20.  That  the  trial  of  facts  where  they  arise,  is  one  of 
the  greatest  securities  of  the  lives,  liberties,  and  estate  of  the 
people. 

Art.  21.  That  in  all  criminal  prosecutions,  every  man  hath 
a  right  to  be  informed  of  the  accusation  against  him  ;  to  have 
a  copy  of  the  indictment  or  charge,  in  due  time  (if  required) 
to  prepare  for  his  defence  ;  to  be  allowed  counsel  ;  to  be  con¬ 
fronted  with  the  witnesses  against  him  ;  to  have  process  for 
his  witnesses,  to  examine  the  witnesses  for  and  against  him 
on  oath,  anti  to  a  speedy  trial  by  an  impartial  jury,  with¬ 
out  whose  unanimous  consent  he  ought  not  to  be  found 
guilty. 

Art.  22.  That  no  man  ought  to  be  compelled  to  give  evi¬ 
dence  against  himself  in  a  criminal  case. 

Art.  23.  That  no  man  ought  to  be  taken  or  imprisoned,  or 
disseized  of  his  freehold,  liberties  or  privileges,  or  outlawed, 
or  exiled,  or  in  any  manner  destroyed,  or  deprived  of  bis 
life,  liberty  or  property,  but  by  the  judgment  of  his  peers,  or 
by  the  law  of  the  land. 

Art.  24.  That  hereafter,  in  this  State,  there  shall  be  nei¬ 
ther  slavery  nor  involuntary  servitude-,  except  in  punishment 
of  crime,  whereof  the  party  shall, have  been  duly  convicted  : 
and  all  persons  held  to  service  or  labor  as  slaves  are  hereby 
declared  free. 


Art.  25.  That  excessive  bail  ought  not  to  be  required,  nor 
excessive  tines  imposed,  nor  cruel  or  unusual  punishment  in¬ 
flicted  by  the  Courts  of  Law. 

Art.  26.  That  all  warrants,  without  oath,  or  affirmation, 
to  search  suspected  places,  or  to  seize  any  person  or  property, 
are  grievous  and  oppressive  ;  and  all  general  warrants  to 
search  suspected  places,  or  to  apprehend  suspected  persons, 
without  naming  or  describing  the  place,  or  the  person  in 
special,  are  illegal,  and  ought  not  to  be  granted. 

Art.  27.  That  no  conviction  shall  work  corruption  of  blood, 
nor  shall  there  be  any  forfeiture  of  the  estate  of  any  person 
for  any  crime,  except  treason,  and  then  only  on  conviction. 

Art.  28.  That  a  well  regulated  militia  is  the  proper  and 
natural  defence  of  a  free  government. 

Art.  29.  That  standing  armies  are"  dangerous  to  liberty, 
and  ought  not  to  be  raised  or  kept  up  without  the  consent  of 
the  Legislature. 

Art.  30.  That  in  all  cases  and  at  all  times  the  military 
ought  to  be  under  strict  subordination  to  and  control  of  the 
civil  power. 

Art.  31.  That  no  soldier  shall  in  time  of  peace  be  quarter¬ 
ed  in  any  house  without  the  consent  of  the  owner,  nor  in  time 
of  war,  except  in  the  manner  prescribed  by  law. 

Art.  32.  That  no  person,  except  regular  soldiers,  mariners, 
and  marines,  in  the  service  of  this  State,  or  militia  when  in 
actual  service,  ought  in  any  case  to  be  subject  to,  or  punisha¬ 
ble  by,  martial  law. 

Art.  33.  That  the  independency  and  uprightness  of  Judges 
are  essential  to  the  impartial  administration  of  justice,  and  a 
great  security  to  the  rights  and  liberties  of  the  people  ; 
wherefore  the  Judges  shall  not  he  removed,  except -for  mis¬ 
behavior,  on  conviction  in  a  Court  of  Law,  or  by  the  Governor 
upon  the  address  of  the  General  Assembly  ;  provided,,  that 
two-thirds  of  all  the  members  of  each  House  concur  in  such 
address.  No  Judge  shall  hold  any  other  office,  civil  or  mili- 
tary,  or  political  trust  or  employment  of  any  kind  wliatso- 
evei ,  undei  the  Constitution  or  Laws  of  this  State,  or  of  the 
United  States,  or  any  of  them,  or  receive  fees  or  perquisites 
of  any  kind  for  the  discharge  of  his  official  duties. 

Art.  34.  That  a  long  continuance  in  the  Executive  Depart¬ 
ments  of  power  oi  trust,  is  dangerous  to  lioertyj  a  rotation, 
therefore,  in  those  departments  is  one  of  the  best  securities  of 
permanent  freedom. 


725 


morp^linr  Thatffin°  P®rson  ought  to  hold,  at  the  same  time, 

J  aws  of  t  1,K?“  °f  Pr°^’  created  by  the  Constitution  or 
a".s  ot  tllIS  State>  nor  ought  any  person  in  public  trust  to 
receive  any  present  from  any  Foreign  Prince  or  State,  or  from 

of  this  £f  8’  °r  an>’  °f  them*  without  ‘b®  approbation 

Ait.  3f>.  That  as  it  is  the  duty  of  every  man  to  worshin 
T°  111  BUcb  manner  as  he  thinks  most  acceptable  to  Him  all 
persons  are  equally  entitled  to  protection  In  their  r  fiot 
iberty,  wherefore  no  person  ought,  by  any  law,  to  be  mo- 
les.ed  in  his  person  or  estate  on  account  of  his  religions  per 

zzv:rksn-  °- for  his  reiigious  ^  » 

,  the  color  of  religion  any  man  shall  disturb  the  good 

of  mwilT0  01’-8a-fety  °f,  the  State>  or  slla!1  infringe  the  Taws 
;  1/’  or  1,njUre  otilers  m  their  natural,  civil  or  religious 

o  i  s,  noi  ought  any  person  to  be  compelled  to  frequent  or 
maintain,  or  contribute,  unless  on  contract,  to  maintain  anv 
p  ace  of  worship  or  any  ministry;  nor  shall .  any  per^n  be 
emed  incompetent  as  a  witness  or  juror,  who  believes  in  the 
existence  of  God,  and  that  under  his  dispensation  such  per- 
T 1  1  ,e  held  morally  accountable  for  his  acts,  and  be  re- 

to  crnne.0'  PU"1Shed  thel'efor’  either  in  this  w°rld  or  the  world 

Art.  o7.  That  no  other  test  or  qualification  ought  to  be  re¬ 
quited,  on  admission  to  any  office  of  trust  or  profit,  than  such 

Sf-it  w’  al  egla“oe  and  fidelity  to  this  State,  and  the  United 
States  as  may  be  prescribed  by  this  Constitution;  and  such 
oath  of  office  and  qualification  as  may  be  prescribed  bv  this 

8sy»  x  Vb‘  'r-  »f «» »«*•.  “j 

Lehei  in  the  Christian  religion,  or  in  the  existence  of  God 
d  ln  a  u  ure  state  °f  rewards  and  punishments.  ’ 

Art.  38.  That  every  gift,  sale  or  devise  of  land  to  anv 

minister,  public  teacher  or  preacher  of  the  Gospel  as  such  or 

|  0  any  lepglous  sect,  order  or  denomination,  or  for  the  sup¬ 
port  use  or  benefit  of,  or  in  trust  for  any  minister  pubhc 
teacher  or  preacher  of  the  Gospel,  as  such,  or  any  religious 

cbitTels  n0minatl-°n’  and  eVWy  gift  °r  Sale  °f  goods  or 

chattels,  to  go  in  succession  or  to  take  place  after  the  death  of 

the  seller  or  donor,  to  or  for  such  support,  use  or  benefit  and 

also  every  devise  of  goods  or  chattels  to  or  for  the  support 

use  or  benefit  of  any  minister,  public  teacher  or  preached  of 

the  Gospel  as  such,  or  any  religious  sect,  order  orTnomt 

a.inn,  without  the  prior  or  subsequent  sanction  of  the  Leffis- 

lature,  shall  be  void  ;  except,  always,  any  sale,  ffift  Tease  or 

evi.,e  of  any  quantity  of  land  not  exceeding  five  acres  for  a 

church,  meeting  house,  or  other  house  of  worship, or parson- 


726 


a2e  or  for  a  burying  ground,  which  shall  be  improved,  en¬ 
joyed  or  used  only  for  such  purpose  ;  or  such  sale,  gift,  lease 

or  device  shall  be  void. 

Art.  39.  That  the  manner  of  administering  an  oath  or  af¬ 
firmation  to  any  person,  ought  to  he  such  as  those  of  e 
religious  persuasion,  profession  or  denomination  of  which  1 
is  a!  member  generally  esteem  the  most  effectual  confirmation 
by  the  attestation  of  the  Divine  Being. 

Art.  40.  That  the  liberty  of  the  press  ought  to  be  inviola¬ 
bly  nreserved  •  that  every  citizen  of  the  State  ought  to  be  a  - 
iowed  to  speak,  write  and  publish  his  sentiments  pn  all  -sub¬ 
jects,  being  responsible  for  the  abuse  of  that  liberty. 

Art  41.  That  monopolies  are  odious,  contrary  to  the  spirit 
of  a  free  government,  and  the  principles  of  commerce,  and 
ought  not  to  he  suffered. 

Art.  42.  That  no  title  of  nobility  or  hereditary  honors 
ought  to  he  granted  in  this  State. 

Art.  43.  That  the  Legislature  ought  to  encourage,  the  dif¬ 
fusion  of  knowledge  and  virtue,  the  extension  of  a  judicious 
system  of  general  education,  the  promotion  of  literature,  the 
As  science,  agriculture,  commerce  and  manufactures,  and 
the  general  melioration  of  the  condition  of  the  people. 

Art  44  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

Art  45  That  the  Legislature  shall  pass  no  laws  providing 
for  an  alteration,  change  or  abolishment  of  this  Constrtution, 
except  in  the  manner  therein  prescribed  and  duectec  . 


THE  CONSTITUTION. 

ARTICLE  I.  .  ' 

ELECTIVE  FRANCHISE. 

Sfction  1  All  elections  shall  bo  by  ballot,  and.  every  white 
male  citizen  of  the  United  States,  of. the  age  of  twenty-one 
vears  or  upwards,  who  shall  have  resided  in  the  State  one 
'vear  next  preceding  the  election,  and  six  months  m  any  coun¬ 
ty  or  in  any  legislative  district  of  Baltimore  city  and  who 
shall  comply  with  the  provisions  of  this  article  of  the  Consti¬ 
tution,  shall  be  entitled  to  vote  at  all  elections  hereafter  held 
•  tll;  ’  state  '  and  in  case  any  county  or  city  shall  be  so  di- 
vhed  as  to  form  portions  of  different  electoral  districts  for  the 
election  of  Congressman,  Senator,  Delegate,  or  other  of  ce 


121 


or  officers,  then  to  entitle  a  person  to  vote  for  such  officer,  he 
must  have  been  a  resident  of  that  part  of  the  county  or  city 
which  shall  form  a  part  of  the  electoral  district  in  which  he 
offers  to  vote,  for  six  months  next  preceding  the  election ;  but 
a  person  avIio  shall  have  acquired  a  residence  in  such  county 
or  city,  entitling  him  to  vote  at  any  such  election,  shall  be 
entitled  to  vote  in  the  election  district  from  which  he  removed 
until  he  shall  have  acquired  a  residence  in  the  part  of  the 
county  or  city  to  which  he  has  removed. 

bee.  2.  The  General  Assembly  shall  provide  by  law  for  a 
uniform  registration  of  the  names  of  voters  in  this  State, 
which  registration  shall  be  evidence  of  the  qualification  of 
said  voters  to  vote  at  any  election  thereafter  held  ;  but  no 
person  shall  be  excluded  from  voting  at  any  election  on  ac¬ 
count  of  not  being  registered,  until  the  General  Assembly 
shall  have  passed  an  act  of  registration,  and  the  same  shall 
have  been  carried  into  effect,  after  which  no  person  shall  vote 
unless  his  name  appears  on  fhe  register.  The  General  As¬ 
sembly  shall  also  provide  by  law  for  taking  the  votes  of  sol¬ 
diers  in  fhe  army  of  the  United  States,  serving  in  the  field. 

Sec.  o.  Uo  person  above  the  age  of  twenty-one  years,  con¬ 
victed  of  larceny  or  other  infamous  crime,  unless  pardoned 
by  the  Governor,  shall  ever  thereafter  be  entitled  to  vote  at 
any  election  in  this  State,  and  no  lunatic  or  person  non  com¬ 
pos  mentis  shall  be  entitled  to  vote. 

.  ^ec-  4-  Uo  person  who  has  at  any  time  been  in  armed  hos¬ 
tility  to  the  United  States  or  the  lawful  authorities  thereof, 
or  who  has  been  in  any  manner  m  the  service  of  the  so-called 
“Confederate  States  of  America/'  and  no  person  who  has 
voluntarily  left  this  State  and  gone  within  the  military  lines 
of  the  so-called  Confederate  States  or  armies  with  the  pur¬ 
pose  of  adhering  to  said  States  or  armies,  and  no  person  who 
has  given  any  aid,  comfort,  countenance  or  support  to  those  l 
engaged  in  aimed  hostility  to  the  United  States,  or  in  any 
manner  adhered  to  the  enemies  of  the  United  States,  either 
by  contributing  to  the  enemies  of  the  United  States,  or  un¬ 
lawfully  sending  within  the  lines  of  such  enemies,  money 
or  goods,  or  letters,  or  information,  or  who  has  disloy¬ 
ally  held  communication  with  the  enemies  of.  the  United 
States,  or  who  has  advised  any  person  to  enter  the  service 
of  the  said  enemies,  or  aided  any  person  so  to  enter,  or 
who  has  by  any  open  deed  or  word  declared  his  adhe¬ 
sion  to  the  cause  of  the  enemies  of  the  United  States,  or 
his  desire  foi  the  triumph  of  said  enemies  over  the  arms  of 
the  United  States,  shall  ever  be  entitled  to  vote  at  any  elec¬ 
tion  to  be  held  in  this  State,  or  to  hold  any  office  of  honor, 


t 


728 


profit  or  trust  under  the  laws  of  this  State,  unless  since  such 
unlawful  acts  he  shall  have  voluntarily  entered  into  military 
service  of  the  United  States,  and  been  honorably  discharged 
therefrom,  or  be  on  the  day  of  election  actually  and  voluntarily 
in  such  service,  or  unless  he  shall  be  restored  to  his  full  rights 
of  citizenship  by  an  act  of  the  General  Assembly  passed  by  a 
vote  of  two  thirds  of  all  the  members  elected  to  each  House; 
and  it  shall  be  the  duty  of  all  officers  of  Registration  and 
Judges  of  election  carefully  to  exclude  from  voting  or  being 
registered  all  persons  so  as  above  disqualified;  and  the  Judges 
of  election  at  the  first  election  held  under  this  Constitution 
shall  and  at  any  subsequent  election  may  administer  to  any 
person  offering  to  vote  the  following  oath  or  affirmation:  I  do 
swear  or  affirm  that  I  am  a  citizen  of  the  United  States,  that 
I  have  never  given  any  aid,  countenance  or  support  to  those 
in  armed,  hostility  to  the  United  States,  that  I  have  never 
expressed  a  desire  for  the  triumph  of  said  enemies  over  the 
arms  of  the  United  States,  and  that  I  will  bear  true  faith  and 
allegiance  to  the  United  States  and  support  the  Constitution 
and  laws  thereof  as  the  supreme  law  of  the  land  any  law  or 
ordinance  of  any  State  to  the  contrary  notwithstanding,  that 
I  will  in  all  respects  demean  myself  as  a  loyal  citizen  of  the 
United  States,  and  I  make  this  oath  or  affirmation  without 
any  reservation  or  evasion  ;  and  believe  it  to  be  binding  on  me, 
and  any  person  declining  to  take  such  oath  shall  not  be 
allowed  to  vote,  but  the  taking  of  such  oath  shall  not  be 
deemed  conclusive  evidence  of  the  right  of  such  person  to  vote; 
and  any  person  swearing  or  affirming  falsely  shall  be  liable  to 
penalties  of  perjury;  and  it  shall  be  the  duty  of  the  proper 
officers  of  Registration  to  allow  no  person  to  be  registered 
until  he  shall  have  taken  the  .oath  or  affirmation  above  set 
out,  and  it  shall  be  the  duty  of  the  Judges  of  election  in  all 
their  returns  of  the  first  election  held  under  this  Constitution, 
to  state  in  their  said  returns  that  every  person  who  has  voted 
has  taken  such  oath  or  affirmation.  But  the  provisions  of 
this  section,  in  relation  to  acts  against  the  United  -States, 
shall  not  apply  to  any  person  not  a  citizen  of  the  United 
States,  who  shall  have  committed  such  acts  while  in  the  ser¬ 
vice  of  some  foreign  country,  at  war  against  the  United 
States,  and  who  has,  since  such  acts,  been  naturalized  or 
may  be  naturalized  under  the  Laws  of  the  United  States, 
and  the  oath  above  set  forth  shall  be  taken  in  the  case  of 
such  persons  in  such  sense. 

Sec.  5.  If  any  person  shall  give  or  offer  to  give  directly  or 
indirectly,  or  hath  given  or  offered  to  give  since  the  fourth 
day  of  July,  eighteen  hundred  and  fifty-one,  any  bribe,  pre¬ 
sent,  or  reward,  or  any  promise  or  any  security  for  the  pay¬ 
ment,  or  delivery  of  money  or  any  other  thing  to  induce  any 


729 


voter  to  refrain  from  casting  his  vote  or  forcibly  t§  prevent 
him  in  any  way  from  voting,  or  to  procure  a  vote  for  any 
candidate  or  person,  proposed  or  voted  for'as  elector  of  Presi¬ 
dent  and  Vice  President  of  the  United  States,  or  Representa- 
tive  m  Congress,  or  for  any  office  of  profit  or  trust  created  by 
the  Constitution  or  Laws  of  this  State,  or  by  the  ordinances 
or  authority  of  the  Mayor  and  City  Council  of  Baltimore, 
the  person  giving  or  offering  to  give,  and  the  person  receiv- 
ing  the  same,  and  any  person  who  gives  or  causes  to  be  given 
an  illegal  vote  knowing  it  to  be  such  at  any  election  to  be 
hereafter  held  in  this  State,  or  who  shall  be  guilty  of,  or  ac¬ 
cessary  to  any  fraud,  force,  surprise,  or  bribery  to  procure 
himself  or  any  other  person  to  be  nominated  to  any  office, 
national,  State  or  municipal,  shall  on  conviction  in  a  Court 
of  Law,  in  addition  to  the  penalties  now  or  hereafter  to  be 
imposed  by  law,  he  forever  disqualified  to  hold  any  office  of 
pi  out  or  trust  or  to  vote  at  any  election  thereafter. 


Sec.  6.  It  shall  be  the  duty  of  the  General  Assembly  to 
pass  laws  to  punish,  with  fine  and  imprisonment,  any  person 
who  shall  remove  into  any  election  district,  or  precinct  of  any 
ward  of  the  city  of  Baltimore,  not  for  the  purpose  of  acquiring 
a  bona-fide  residence  therein,  but  for  the  purpose  of  voting  at 
an  approaching  election,  or  who  shall  vote  in  any  election  dis¬ 
trict,  or  ward  in  which  lie  does  not  reside,  (except  in  the  case 
piovided  lor  in  this  article,)  or  shall  at  the  same  election  vote 
m.  more  than  one  election  district,  or  precinct,  or  shall  vote, 
or  offer  to  vote^  in  any  name  not  his  own,  or  in  place  of  any 
other  person  of  the  same  name,  or  shall  vote  in  any  county  in 
which  he  does  not  reside. 

free.  7.  Every  person  elected  or  appointed  to  any  office  of 
tiust  oi  piofit  under  this  Constitution,  or  under  the  laws  made 
pursuant  thereto,  before  he  shall  enter  upon  the  duties  of  such 
office,  shall  take  and  subscribe  the  following  oath,  or  affirma- 

tion  :  I - do  swear,  (or  affirm,  as  the  case  may  be,)  that 

1  will,  to  the  best  of  my  skill  and  judgment,  dilligently  and 
faithfully,  without  partiality  or  prejudice,  execute  the  office 
9*  “  according  to  the  Constitution  and  Laws  of  this 

frtate,  and  that  since  the  fourth  day  of  July,  in  the  year  eigh¬ 
teen  hundred  and  fifty-one,  I  have  not  in  any  manner  violated 
the  provisions  of  the  present,  or  of  the  late  Constitution,  in 
relation  to  the  bribery  of  voters,  or  preventing  legal  votes,  or 
procuring  illegal  votes  to  be  given,  (and  if  a  Governor,  Sena¬ 
tor,  Member  of  the  House  of  .Delegates,  or  Judge,)  that  I  will 
not  directly  or  indirectly  receive  the  profits  or  any  part  of  the 
profits  of  any  other  office  during  the  term  of  my  acting  as 

;  I  do  further  swear  or  affirm  that  I  will  bear  true  alle~ 

92 


giatice  to  flie  State  of  Maryland,  and  support  the  Constitution 
and  Laws  thereof,  and  that  I  will  hear  true  - allegiance  to  the 
United  States,  and  Support,  protect  and  defend  the  Constitu¬ 
tion,  Laws  and  Government  thereof,  as  the  supreme  law  of 
the  land,  any  law  or  ordinance  of  this  or  any  State  to  the  con¬ 
trary  notwithstanding;  that  I  have  never  directly  or  indirectly 
hy  word,  act  or  deed,  given  any  aid,  comfort  or  encouiage- 
ment  to  those  in  rebellion  against  the  United  States  or  the 
lawful  authorities  thereof,  but  that  I  have  been  truly,  and 
loyally  on  the  side  of  the  United  States  against  those  in  armed 
rebellion  against  the  United  States;  and  I  do  further  swear 
or  affirm,  that  I  will,  to  the  best  of  my  abilities,  protect  and 
defend  the  Union  of  the  United  States,  and  not  allow  the  same 
to  be  broken  up  and  dissolved,  or  the  Government  thereof  to 
be  destroyed  under  any  circumstances,  if  in  my  power  to  pre¬ 
vent  it,  and  that  I  will  at  all  times  discountenance  and  op¬ 
pose  all  political  combinations  having  for  their  object  such 
dissolution  or  destruction. 

Sec.  8.  Every  person  holding  any  office  of  trust  or  profit 
under  the  late  Constitution,  or  under  any  law  of  this  State, 
and  who  shall  be  continued  in  office  under  this  Constitution, 
or  under  any  law  of  the  State,  shall  within  thirty  days  after 
this  Constitution  shall  have  gone  into  effect,  take  and  sub¬ 
scribe  the  oath  or  affirmation  set  forth  in  the  seventh  section 
of  this  article,  and  if  any  such  person  shall  fail  to  take  said 
oath  his  office  shall  be  ipso  facto  vacant.  And  every  person 
hereafter  elected  or  appointed  to  office  in  this  State,  who  shall 
refuse  or  neglect  to  take  the  oath,  or  affirmation  of  office  pro¬ 
vided  for  in  the  said  seventh  section  of  this  article,  shall  be 
considered  as  having  refused  to  accept  the  said  office,  and  a 
new  election  or  appointment  shall  be  made  as  in  case  of  refu¬ 
sal  to  accept,  or  resignation  of  an  office.  And  any  person 
swearing,  or  affirming  falsely  in  the  premises,  shall  on  con¬ 
viction  thereof  in  a  Court  of  Law,  incur  the  penalties  for  will¬ 
ful  and  corrupt  perjury,  and  thereafter  shall  be  incapable  of 
holding  any  office  of  profit  or  trust  in  this  State. 

ARTICLE  II. 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  Executive  power  of  the  State  shall  be  vested 
in  a  Governor  whose  term  of  office  shall  commence  on  the  second 
Wednesday  of  January  next  ensuing  his  election  and  continue 
for  four  years,  and  until  his  successor  shall  have  qualified; 
hut  the  Governor  chosen  at  the  first  election  under  this  Con¬ 
stitution,  shall  not  enter  upon  the  discharge  of  the  duties  of 
the  office  until  the  expiration  of  the  term  for  which  the  pre- 


sent  incumbent  was  elected,  unless  the  said  office  shall  become 
vacant  by  death,  resignation,  removal  from  the  State,  or  other 
disqualification  of  the  said  incumbent. 


Sec.  2.  An  election  for  Governor  under  this  Constitu¬ 
tion,  shall  be  held  on  the  Tuesday  next  after  the  first  Monday 
of  November,  in  the  year  eighteen  hundred  and  sixty-four, 
and  on  the  same  day  and  month  in  every  fourth  year  there¬ 
after,  at  the  places  of  voting  for  Delegates  to  the  General 
Assembly,  and  every  person  qualified  to  vote  for  Delegates 
shall  be  qualified  and  entitled  to  vote  for  Governor;  the  elec¬ 
tion  to  be  held  in  the  same  manner  as  the  election  of  Dele¬ 
gates,  and  the  returns  thereof,  under  seal,  to  be  addressed  to 
the  Speaker  of  the  House  of  Delegates,  and  enclosed  and  trans¬ 
mitted  to  the  Secretarv  of  State,  and  delivered  to  the  said 
Speaker,  at  the  commencement  of  the 'session  of  the  General 
Assembly  next  ensuing  said  election. 

Sec.  3.  The  Speaker  of  the  House  of  Delegates  shall  then 
open  the  said  returns  in  the  presence  of  both  Houses,  and  the 
person  having  the  highest  number  of  votes,  and  being  Consti¬ 
tutionally  eligible,  shall  be  the  Governor,  and  shall  qualify 
in  the  manner  herein  prescribed,  on  the  second  Wednesday 
of  January  next  ensuing  his  election,  or  as  soon  thereafter  as 
may  be  practicable. 


Sec.  4.  If  two  or  more  persons  shall  have  the  highest  and 
an  equal  number  of  votes,  one  of  them  shall  be  chosen  Gover¬ 
nor  by  the  Senate  and  House  of  Delegates;  and  all  questions 
in  relation  to  the  eligibility  of  Governor,  and  to  the  returns 
of  said  election,  and  to  the  number  and  legality  of  votes  there¬ 
in  given,  shall  be  determined  by  the  House  of  Delegates.  And 
if  the  person  or  persons,  having  the  highest  number  of  votes 
be  ineligible,  the  Governor  shall  be  chosen  by  the  Senate  and 
House  of  Delegates.  Every  election  of  Governor  by  the  Gen¬ 
eral  Assembly,  shall  be  determined  by  a  joint  majority  of  the 
Senate  and  House  of  Delegates,  and  the  vote  shall  be  taken 
viva  voce.  But  if  two  or  more  persons  shall  have  the  highest 
and  an  equal  number  of  votes,  then  a  second  vote  shall  be 
taken,  which  shall  be  confined  to  the  persons  having  an  equal 
number;  and  if  the  votes  should  be  again  equal,  then  the  elec¬ 
tion  of  Governor  shall  be  determined  by  lot  between  those 
who  shall  have  the  highest  and  an  equal  number  on  the  first 
vote. 


Sec.  5.  A  person  to  be  eligible. to  the  office  of  Governor, 
must  have  attained  the  age  of  thirty  years,  and  must  have 
been  for  five  years  a  citizen  of  the  United  States,  and 
for  five  years  next  preceding  his  election  a  resident  of  the 
State. 


732 


Sec.  6.  A  Lieutenant  Governor  shall  he  chosen,  at  every 
regular  election  for  Governor,  he  shall  continue  in  office  for 
the  same  time,  shall  he  elected  in  the  same  manner,  and  shall 
possess  the  same  qualifications  as  the  Governor.  In  voting 
for  Governor  and  Lieutenant  Governor  the  electors  shall 
state  for  whom  they  vote  as  Governor,  and  for  whom  as 
Lieutenant  Governor. 

Sec.  7.  The  Lieutenant  Governor  shall  by  virtue  of  his 
office,  he  President  of  the  Senate,  and  whenever  the  Senate 
are  equally  divided,  shall  have  the  right  to  give  the  casting 
vote. 

Sec.  8.  In  case  of  the  death,  resignation,  removal  from  the 
State,  or  other  disqualification  of  the  Governor,  the  powers, 
duties  and  emoluments  of  the  office  shall  devolve  upon  the 
Lieutenant  Governor  ;  and  in  case  of  his  death,,  resignation, 
or  removal,  or  other  disqualification,  then  upon  the  President 
of  the  Sente  for  the  time  being — until  the  disqualification  or 
inability  shall  cease,  or  until  a  new  Governor  shall  be  elected 
and  qualified,  and  for  any  vacancy  in  said  office  not  herein 
provided  for,  provision  may  he  made  by  law,  and  if  such  va¬ 
cancy  should  occur  without  such  provision  being  made,  the 
General  Assembly  shall  be  convened  by  the  Secretary  of  State 
for  the  purpose  of  filling  said  vacancy. 

Sec.  9.  Whenever  the  office  of  Governor  shall  be  ad¬ 
ministered  by  the  Lieutenant  Governor,  or  he  shall  he  unable 
to  attend  as  President  of  the  Senate,  the  Senate  shall  elect 
one  of  its  own  members  as  President  pro  tempore. 

Sec.  10.  The  Lieutenant  Governor,  while  he  acts  as  Presi¬ 
dent  ot  the  Senate,  shall  receive  for  his  services  the  same 
compensation  which  shall,  for  the  same  period,  be  allowed  to 
the  Speaker  of  the  House  of  Delegates,  and  no  more. 

Sec.  11.  The  Governor  shall  be  Commander-in-Chief  of 
the  land  and  naval  forces  of  the  State,  and  may' call  out  the 
militia  to  repel  invasions,  suppress  insurrections,  and  enforce 
the  execution  of  the  laws  ;  but  shall  not  take  the  command 
in  person  without  the  consent  of  the  General  Assembly. 

Sec.  12.  He  shall  take  care  that  the  laws  be  faithfully  exe¬ 
cuted.  • 

Sec.  13:  He  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  Senate,  appoint  all  civil  and  military  of¬ 
ficers  of  the  State,  whose  appointment  or  election  is  not  oth¬ 
erwise  herein  provided  for,  unless  a  different  mode  of  appoint¬ 
ment  be  prescribed  by  the  law  creating  the  office. 


733 


Sec.  14.  In  case  of  vacancy  during  the  recess  of  the 
Senate  in  any  office  which  the  Governor  has  power  to  fill 
lie  shall  appoint  some  suitable  person  to  said  office,  whose 
commission  shall  continue  in  force  till  the  end  of  the  next 
session  ot  the  General  Assembly  or  till  some  other  person  is 
appointed  to  the  same  office,  whichever  shall  first  occur,  and 
the  nomination  of  the  person  thus  appointed  during  the  re¬ 
cess,  or  of  some  other  person  in  his  place,  shall  be  made  to 
he  senate  within  thirty  days  after  the  next  meeting  of  the 

Sec.  15.  -No  person  after  being  rejected  by  the  Senate,  shall 
be  again  nominated  for  the  same  office,  at  the  same  session, 
un  ess  5.*  '' j  request  of  the  Senate  ;  or  be  appointed  to  the 
same  office  during  the  recess  of  the  General  Assembly. 

Sec.  16  All  civil  officers  appointed  by  the  Governor  and 
Senate,  shall  be  nominated  to  the  Senate  within  fifty  days 
from  the  commencement  of  each  regular  session  of  the  Gen¬ 
eral  Assembly  and  their  term  of  office  (except  in  cases  other- 
wise  provided  for  in  this  Constitution)  shall  commence  on  the 
fust  Monday  of  May  next  ensuing  their  appointment,  and 
continue  for  two  years,  (unless  sooner  removed  from  office  ) 
and  until  their  successors  respectively  qualify  according  to 

Sec.  17.  The  Governor  may  suspend  or  arrest  any  military 
officer  of  the  State,  for  disobedience  of  orders,  or  other  mili¬ 
tary  offence,  and  may  remove  him  in  pursuance  of  the  sen¬ 
tence  of  a  court  martial ;  and  may  remove  for  incompetency 

from^F  r  r*1  °fficers  Who  received  appointment^ 
tiom  the  Executive  for  a  term  not  exceeding  two  years. 

i8'  The  Governor  may  convene  the  General  Assembly, 
oi  the  Senate  alone,  on  extraordinary  occasions;  and  when - 
ever,  from  the  presence  of  an  enemy  or  from  any  other  cause, 
the  seat  of  Government  shall  become  an  unsafe  place  for  the 
meeting  of  the  General  Assembly,  he  may  direct  their  ses- 

sions  to  be  held  at  some  other  convenient  place. 

allveC;r!^fttShal!ue  ,the  duty0f  the  Go^nior  semi-annu- 
allv  and  oftener  if  he  deem  it  expedient,  to  examine  the  bank 

book  account  books,  and  official  proceedings  of  the  Treasurer 
and  Comptroller  of  the  State.  surer 

Sec  20.  He  shall  from  time  to  time  inform  the  General 
Assembly  ot  the  condition  of  the  State  and  recommend  to 

»d  aprfieat  “  “V  Ms- 

Sec.  21.  He  shall  have  power  to  grant  reprieves  and  par- 


734 


dons,  except  in  cases  of  impeachment,  and  in  cases  in  which 
he  is  prohibited  by  other  articles  of  this  Constitution,  and  to 
remit  fines  and  forfeitures  tor  offences  against  the  State,  but 
shall  not  remit  the  principal  or  interest  of  any  debt  due  to  the 
State,  except  in  cases  of  fines  and  forfeitures;  and  before  grant¬ 
ing  a  nolle  prosequi,  or  pardon,  he  shall  give  notice  in  one  or 
more  newspapers  of  the  application  made  for  it,  ann  of  the 
day  on  or  after  which  his  decision  will  be  given;  and  in  every 
case  in  which  he  exercises  this  power,  he  shall  report  to  either 
branch  of  the  General  Assembly  whenever  required,  the  peti¬ 
tions,  recommendations,  and  reasons  which  influence  his 

decision. 

Sec.  22.  The  Governor  shall  reside  at  the  seat  of  Govern¬ 
ment,  and  shall  receive  for  his  services  an  annual  salary  of 
four  thousand  dollars. 

Sec.  23.  A  Secretary  of  State  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
who  shall  continue  in  office,  unless  sooner  removed  by  the 
Governor,  till  the  end  of  the  official  term  of  the  Governor 
from  whom  he  received  his  appointment,  and  shall  receive  an 
annual  salary  of  one  thousand  dollars. 

Sec.  24.  The  Secretary  of  State  shall  carefully  keep  and 
preserve  a  record  of  all  official  acts  and  proceedings,  which 
may  at  all  times  be  inspected  by  a  committee  of  either  branch 
of  the  General  Assembly,  and  shall  perform  such  other  duties 
as  are  now  or  may  hereafter  be  prescribed  by  law,  or  as  may 
properly  belong  to  his  office. 


ARTICLE  III. 

LEGISLATIVE  DEPARTMENT. 

Section!.  The  Legislature  shall  consist  of  two  distinct 
branches,  a  Senate  and  a  House  of  Delegates,  which  shall  be 
styled  “The  General  Assembly  of  Maryland.” 

Sec  2  Immediately  after  the  adoption  of  this  Constitu¬ 
tion  and  before  there  shall  have  been  held  any  general  elec¬ 
tion  under  it,  the  Mayor  and  City  Council  of  Baltimore  shall 
proceed  to  lay  off  and  divide  the  said  city  into  three  several 
districts,  of  equal  population  and  contiguous  territory,  as 
near  as  may  be,  which  said  districts  shall  be  called  the  first, 
second  and  third  Legislative  districts  of  baltimore  city ._ 


Sec  3  Every  county  in  the  State,  and  each  Legislative 
district  of  Baltimore  city,  as  herein  before  provided  for,  shall 
be  entitled  to  one  Senator,  who  shall  be  elected  by  the  quali¬ 
fied  voters  of  the  counties  and  of  the  Legislative  districts  of 


735 


Baltimore  city,  respectively,  and  shall  serve  for  four  years 
irom  the  date  of  his  election,  subject  to  the  classification  of 
Senators  hereinafter  provided  for. 

Sec.  4.  The  white  population  of  the  State  shall  constitute 
the  basis  of  representation  in  the  House  of  Delegates,  and 
the  apportionment  of  the  Delegates  among  the  several  counties 
and  Legislative  districts  of  the  city  of  Baltimore  shall  be  as 
follows:— For  every  five  thousand  persons,  or  a  fractional 
part  thereof  above  one  half,  one  Delegate  shall  be  chosen, 
until  the  number  of  Delegates  in  each  county  and  Legislative 
district  of  the  city  of  Baltimore  shall  reach  five.  Above  that 
number,  one  Delegate  shall  be  chosen  for  the  next  twenty 
thousand  persons,  or  a  fractional  portion  over  one  half  thereof, 
in  each  county  and  Legislative  district  of  the  city  of  Balti¬ 
more  ,  above  that  number,  each  county  and  Legislative  dis- 
tiict  of  the  said  city  shall  elect  one  Delegate  for  every  eighty 
thousand  persons,  or  fractional  portion  thereof,  above  &one- 
half.  Upon  this  principle,  and  as  soon  as  practicable  after  each 
National  census,  or  State  enumeration  of  inhabitants,  the 
General  Assembly  shall  apportion  the  members  of  the  House 
of  Delegates  among  the  several  counties  and  the  several  Leg¬ 
islative  districts  of  Baltimore  city  according  to  the  white 
population  of  each.  But  until  such  apportionment  is  made, 
the  House  of  Delegates  shall  consist  of  eighty  members,  dis¬ 
tributed  as  follows  :  Allegany  five  members  ;  Anne  Arundel 
two  ;  each  of  the  three  Legislative  districts  in  Baltimore  city 
six  ,  Baltimore  county  six  j  Calvert  one  5  Caroline  two  * 
Carroll  five  ,  Cecil  four  5  Charles  one  5  Dorchester  two  j 
h  rederick  six  \  Harford  four  ;  Howard  two  \  Kent  two  \  Mont¬ 
gomery  two  ;  Prince  George’s  two  ;  Queen  Anne’s  two  ;  St. 
Mary’s  one  ;  Somerset  three  ;  Talbot  two  ;  Washington  five  • 
Worcester  three. 

Sec.  5.  The  members  of  the  House  of  Delegates  shall  be 
elected^  by  the  qualified  voters  of  the  counties  and  the  Legis¬ 
lative  districts  of  Baltimore  city,  respectively,  to  serve  for  two 
years  from  the  day  of  their  election. 

Sec.  6.  The  first  election  for  Senators  and  Delegates,  shall 
take  place  on  Tuesday  next  after  the  first  Monday  in  the 
month  of  November,  eighteen  hundred  and  sixty  four  ;  and 
the  elections  for  Delegates,  and  as  nearly  as  practicable,  for 
one-half  of  the  Senators,  shall  be  held  on  the  same  same  day 
in  eyery  second  year  thereafter. 

Sec.  7.  Immediately  alter  the  Senate  shall  have  convened 
after  the  first  election  under  this  Constitution,  the  Senators 
shall  be  divided  by  lot  into  two  classes,  as  nearly  equal  in 
number  as  may  be  ;  Senators  of  till  first  class  shall  go  out  of 


office  at  the  expiration  of  two  years,  and  Senators  shall  be 
elected  on  the  Tuesday  next  after  the  first  Monday  in  the 
month  of  November,  eighteen  hundred  and  sixty-six,  for  the 
term  of  four  years,  to  supply  their  places  ;  so  that,  after  the 
first  election,  one-half  of  the  Senators  may  be  chosen  every 
second  year*  In  case  the  number  of  Senators  be  hereinafter 
increased,  such  classification  of  the  additional  Senators  shall 
be  made  as  to  preserve,  as  nearly  as  may  be,  an  equal  number 
in  each  class. 

Sec.  8.  No  person  shall  be  eligible  as  a  Senator  or  Dele¬ 
gate  who  at  the  time  of  his  election,  is  not  a  citizen  of  the 
United  States,  and  who  has  not  resided  at  least  three  years 
next  preceding  the  day  of  his  election  in  this  State,  and  the 
last  year  thereof  in  the  county  or  in  the  legislative  district  of 
Baltimore  city  which  he  may  be  chosen  to  represent,  if  such 
county  or  legislative  district  of  said  city  shall  have  been  so 
long  established,  and  if  not,  then  in  the  county  or  city  from 
which  in  whole  or  in  part,  the  same  may  have  been  formed; 
nor  shall  any  person  be  eligible  as  a  Senator  unless  he  shall 
have  attained  the  age  of  twenty-five  years,  nor  as  a  Delegate 
unless  he  shall  have  attained  the  age  of  twenty-one  years,  at 
the  time  of  his  election. 

Sec.  9.  No  member  of  Congress  or  person  bolding  any 
civil  or  military  office  under  the  United  States,  shall  be 
eligible  as  a  Senator  or  Delegate;  and  if  any.  person  shall, 
after  his  election  as  a  Senator  or  Delegate,  be  elected  to 
Congress,  or  be  appointed  to  any  office,  civil  _  or  military, 
under  the  Governement  of  the  United  States,  his  acceptance 
thereof  shall  vacate  his  seat. 

Sec.  10.  No  person  holding  any  civil  office  of  profit  or 
trust  under  this  State,  except  Justices  of  the  Deace,  sliall  be 
eligible  to  the  office  of  Senator  or  Delegate. 

Sec.  11.  No  collector,  receiver  or  holder  of  public  moneys 
shall  be  eligible  as  Senator  or  Delegate  or  to  any  office  of 
profit  or  trust  under  this  State,  until  he  shall  have  account¬ 
ed  for  and  paid  into  the  Treasury,  all  sums  on  the  books 
thereof  changed  to  and  due  by  him. 

Sec.  12.  In  case  of  death,  disqualification,  resignation, 
refusal  to  act,  expulsion,  or  removal  from  the  county  or  leg¬ 
islative  district  of  Baltimore  city,  for  which  he  shall  have 
been  elected,  of  any  person  who  shall  have  been  chosen  ag  a 
Delegate  or  Senator,  or  in  case  of  a  tie  between  two  or  more 
such  qualified  persons,  a  warrant  of  election  shall  be  issued 
by  the  Speaker  of  the  House  of  Delegates  or  President  of  the 
Senate,  as  the  case  may  be§  for  the  election  of  another  person 


in  his  place,  of  which  election  not  less  than  ten  days  notice 
slndl  be  given ,  exclusive  of  the  day  of  the  publication  of  the 
notice  and  ot  the  day  of  election;  and  in  case  of  such  resigna¬ 
tion  or  i elusal  to  act,  being  communicated  in  writing  to  the 
Governor,  by  the  person  so  resigning  or  refusing  to  act,  or  if 
such  death  occur  during  the  Legislative  recess,  and  more 
than  ten  days  before  its  termination,  it  shall  be  the  duty  of 
the  Governor  to  issue  a  warrant  of  election  to  supply  "the 
vacancy  thus  created,  in  the  same  manner  the  said  Speaker 
01  1  resident  might  have  done  during  the  session  of  the  Gen¬ 
eral  assembly;  provided,  however ,  that  unless  a  meeting  of 
the  General  Assembly  may  intervene,  the  election  thus°or- 
dered  to  fill  such  vacancy  shall  be  held  on  the  day  of  the 
ensuing  election  for  Delegates  and  Senators. 


Sec.  13.  The  General  Assembly  shall  meet  on  the  first 
Wednesday  of  January,  eighteen  hundred  and  sixty-five,  and 
on  the  same  day  in  every  second  year  thereafter,  and  at  no 

other  time,  unless  convened  by  the  proclamation  of  the  Gov¬ 
ernor. 


^ec.  14.  The  General  Assembly  shall  continue  its  session 
so  long  as  in  its  judgment  the  public  interest  may  require, 
ana  each  member  thereof  shall  receive  a  compensation  of  five 
dollars  per  diem,  for  every  day  he  shall  attend  the  sessions, 
unless  absent  on  account  of  sickness;  provided,  however ,  that 
no  member  shall  receive  any  other  or  larger  sum  than  four 
hundred  dollars.  When  the  General  Assembly  shall  be  con¬ 
vened  by  proclamation  of  the  Governor,  the  session  shall  not 
continue  longer  than  thirty  days;  and  in  such  case,  the  com¬ 
pensation  shall  be  at  the  rate  of  five  dollars  per  diem 

.  8ec*  l5-  No  b°ob  or  other  printed  matter,  not  appertain¬ 
ing  to  the  business  of  the  session,  shall  be  purchased  or  sub¬ 
scribed  for,  for  the  use  of  the  members  of  the  General  Assem¬ 
bly  or  be  distributed  among  them,  at  the  public  expense. 

Sec.  lo.  ho  Senator  or  Delegate,  after  qualifying  as  such 
notwithstanding  he  may  thereafter  resign,  shall,  durim-  the 
whole  period  of  time  for  which  he  was  elected,  be  eligible  to 
any  office  which  shall  have  been  created,  or  the  saTary  or 
profits  of  which 'shall  have  been  increased  during  such  term 
or  shall  during  said  whole  period  of  time,  be  appointed  to 
any  civil  office  by  the  Lxecutive  or  General  Assembly. 

Sec.  17.  No  Senator  or  Delegate  shall  be  liable,  in  any 
civil  action  or  criminal  prosecution  whatever,  for  words 
spoken  in  debate. 


Sec.  18.  Each  House  shall  he  judge  of  the  qualifications 
and  elections  of  its  members,  subject  to  the  laws  of  the  State ; 
93 


738 


shall  appoint  its  own  officers,  determine  the  rules  of  its  own 
proceedings,  punish  a  member  for  disorderly  or  disrespectful 
behavior  and  with  the  consent  of  two- thirds  of  its  whole 
number  of  members  elected,  expel  a  member;  but  no  member 
shall  be  expelled  a  second  time  tor  the  same  offence. 

Sec.  19.  A  majority  of  the  whole  number  of  members 
elected  to  each  House,  shall  constitute  a  quorum  for  the  trans¬ 
action  of  business,  but  a  smaller  number  may  adjourn  from 
day  to  day  and  compel  the  attendance  ot  absent  members,  in 
such  manner,  and  under  such  penalties,  as  each  blouse  may 
prescribe 

Sec.  20.  The  doors  of  each  House  and  of  Committees  of 
the  Whole  shall  be  open,  except  when  the  business  is  such 
as  ought  to  be  kept  secret. 

Sec.  21.  Each  House  shall  keep  a  Journal  of  its  proceed¬ 
ings,  and  cause  the  same  to  be  published.  The  yeas  and 
nays  of  members  on  any  question  shall,  at  the  call  ot  any  five 
of  them  in  the  Hpuse  ot  Delegates,  or  one  in  the  Senate,  be 
entered  on  the  Journal. 

Sec.  22.  Each  House  may  punish  by  imprisonment,  during 
the  session  of  the  General  Assembly,  any  person  not  a  mem¬ 
ber,  for  disrespectful  or  disorderly  behavior  in  its  presence, 
or  for  obstructing  any  of  its  proceedings,  or  any  of  its  officers 
in  the  execution  of  their  duties;  provided  such  imprisonment 
shall  not,  at  any  one  time,  exceed  ten  days. 

Sec.  23.  The  House  of  Delegates  may  inquire,  on  the  oath 
of  witnesses,  into  all  complaints,  grievances  and  offences,  as 
the  Grand  Inquest  of  the  State,  and  may  commit  any  person 
for  any  crime  to  the  public  jail,  there  to  remain  until  dis¬ 
charged  by  due  course  of  law;  they  may  examine  and  pass  all 
accounts  of  the  State,  relating  either  to  the  collection  or  ex¬ 
penditure  of  the  revenue,  and  appoint  auditors  to  state  and 
adjust  the  same;  they  may  call  fur  all  public  or  official  papers 
and  records,  and  send  for  persons  whom  they  may  judge  ne¬ 
cessary  in  the  course  of  their  inquiries  concerning  affairs  re¬ 
lating  to  the  public  interest,  and  may  direct  all  office  bonds, 
which  shall  be  made  payable  to  the  State,  to  be  sued  for  any 
breach  thereof. 

Sec.  24.  Neither  House  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days  at  any  one  time;  nor 
to  any  other  place  than  that  in  which  the  House  shall  be  sit¬ 
ting,  without  the  concurrent  vote  of  two-thirds  of  the  mem¬ 
bers  present. 

Sec.  25.  The  House  of  Delegates  shall  have  the  sole  power 


789 


of  impeachment  in  all  cases,  but  a  majority  of  all  the  mem¬ 
bers  elected  must  concur  in  an  impeachment  ;  all  impeach¬ 
ments  shall  be  tried  by  the  Senate,  and  when  sitting  for  that 
purpose,  the  Senators  shall  be  on  oath,  or  affirmation,  to  do 
justice  according  to  law  and  evidence,  but  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  all  the 
Senators  elected. 

Sec.  26.  Any  bill  may  originate  in  either  House  of  the 
General  Assembly,  and  be  altered,  amended,  or  rejected  by 
the  other;  but  no  bill  shall  originate  in  either  House  during 
the  last  ten  days  of  the  session,  nor  become  a  law,  until  it  be 
read  on  three  different  d$ys  of  the  session  in  each  House,  un¬ 
less  three-fourths  of  the  members  of  the  House,  where  such 
bill  is  pending,  shall  so  determine. 

Sec.  27.  No  bill  shall  become  a  law,  unless  it  be  passed  in 
each  House  by  a  majority  of  the  whole  number  of  members 
elected,  and  on  its  final  passage,  the  ayes  and  noes  be  re¬ 
corded. 


Sec.  28.  The  style  of  all  laws  of  this  State  shall  be,  uBe  it 
enacted  by  the  General  Assembly  of  Maryland 9”  and  all  laws 
shall  be  passed  by  original  bill,  and  every  law  enacted  by  the 
General  Assembly  shall  embrace  but  one  subject,  and  that 
shall  be  described  in  the  title,  and  no  law  nor  section  of  a  law, 
shall  be  revived  or  amended  by  reference  to  its  title  or  section 
only;  and  it  shall  be  the  duty  of  the  General  Assembly,  in 
amending  any  article  or  section  of  the  Code  of  Laws  of  this 
State,  to  enact  the  same  as  the  said  article  or  section  would 
read  when  amended;  and  whenever  the  General  Assembly 
shall  enact  any  Public  General  Law,  not  amendatory  of  any 
section  or  article  in  the  said  Code,  it  shall  be  the  duty  of  the 
General  Assembly  to  enact  the  same  in  articles  and  sections, 
in  the  same  manner  as  the  said  Code  is  arranged,  and  to  pro¬ 
vide  for  the  publication  of  all  additions  and  alterations  which 

may  be  made  to  the  said  Code. 

•/ 

Sec.  29.  Every  bill,  when  passed  by  the  General  Assembly 
and  sealed  with  the  Great  Seal,  shall  be  presented  to  the  Gover¬ 
nor,  who  shall  sign  the  same  in  the  presence  of  the  presiding 
officers  and  Chief  Clerks  of  the  Senate  and  House  of  Delegates; 
every  law  shall  be  recorded  in  the  office  of  the  Court  of  Appeals, 
and,  in  due  time,  be  printed,  published  and  certified  under 
the  Great  Seal  to  the  several  Courts  in  the  same  manner  as 
has  been  heretofore  usual  in  this  State. 


Sec.  30.  No  law  passed  by  the  General  Assembly  shall 
take  effect  until  the  first  day  of  June  next  after  the  session  at 
which  it  may  be  passed,  unless  it  be  otherwise  expressly 


740 


declared  therein;  and  in  case  any  public  law  is  made  to  take 
effect  before  the  said  first  day  of  June,  the  General  Assembly 
shall  provide  for  the  immediate  publication  of  the  same. 

Sec.  31.  No  money  shall  be  drawn  from  the  Treasury  of  the 
State,  except  in  accordance  with  an  appropriation  by  law  and 
every  such  law  shall  distinctly  specify  the  sum  appropriated, 
and  the  object  to  which  it  shall  be  applied ;  provided ,  that 
nothing  herein  contained  shall  prevent  the  General  Assembly 
from  placing  a  Contingent  Fund  at  the  disposal  t)f  the  Exe¬ 
cutive,  who  shall  report  to  the  General  Assembly  at  each  ses¬ 
sion,  the  amount  expended  and  the  purposes  to  which  it  was 
applied  ;  an  accurate  statement  of  the  receipts  and  expendi¬ 
tures  of  the  public  money  shall  be  attached  to  and  published 
with  the  laws  after  each  regular  session  of  the  General  As¬ 
sembly. 

Sec.  32.  The  General  Assembly  shall  not  pass  local  or  spe¬ 
cial  laws  in  any  of  the  following  enumerated  cases,  viz  :  For 
the  assessment  and  collection  of  taxes  for  State  or  county  pur¬ 
poses  ;  or  extending  the  time  for  the  collection  of  taxes  ;  pro¬ 
viding  for  the  support  of  public  schools  ;  the  preservation  of 
school  funds ;  the  location  or  the  regulation  of  school  houses; 
granting  divorces;  relating  to  fees  or  salaries  ;  relating  to  the 
interest  on  money  ;  providing  for  regulating  the  election  or 
compensation  of  State  or  county  offices;  or  designating  the 
places  of  voting  ;  or  the  boundaries  of  election  districts  ;  pro¬ 
viding  lor  the  sale  of  real  estate  belonging  to  minors  or  other 
persons  laboring  under  legal  disabilites  by  executors,  admin¬ 
istrators,  guardians  or  trustees  ;  giving  effect  to  informal  or 
invalid  deeds  or  wills;  refunding  money  paid  into  the  State 
Treasury,  or  releasing  persons  from  their  debts  or  obligations 
to  the  State,  unless  recommended  bv  the  Governor  or  officers 
of  the  Treasury  Department  ;  or  establishing,  locating  or  af¬ 
fecting  the  construction  of  roads,  and  the  repairing  or  build¬ 
ing  of  bridges  ;  and  the  General  Assembly  shall  pass  no 
special  law  tor  any  case  for  which  provision  has  been  made 
by  an  existing  General  Law.  The  General  Assembly  at  its 
first  session  after  the  adoption  of  this  Constitution,  shall  pass 
general  laws,  providing  for  the  cases  enumerated  in  this  section 
and  for  all  other  cases  where  a  General  Law  can  be  made  ap¬ 
plicable. 

Sec.  33.  No  debt  shall  be  hereafter  contracted  bv  the  Gen- 

«/ 

eral  Assembly  unless  such  debt  shall  be  authorized  by  a  law 
providing  for  the  collection  of  an  annual  tax  or  taxes  sufficient 
to  pay  the  interest  on  such  debt  as  it  falls  due,  and  also  to 
discharge  the  principal  thereof  within  fifteen  years  from  the 
time  of  contracting  the  same,  and  the  taxes  laid  for  this  pur- 


741 


pose  shall  not  he  repealed  or  applied  to  any  other  object  until 
the  said  debt  and  interest  thereon  shall  be  fully  discharged. 
The  credit  of  the  State  shall  not,  in  any  manner,  be  given  or 
loaned  to  or  in  aid  of  any  individual,  association  or  corpora¬ 
tion,  nor  shall  the  General  Assembly  have  the  power  in  any 
mode  to  involve  the  State  in  the  construction  of  Works  of  In¬ 
fernal  Improvement,  nor  in  any  enterprise  which  shall  involve 
the  faith  or  credit  of  the  State,  nor  make  any  appropriations 
therefor;  and  they  shall  not  use  or  appropriate  the  proceeds  of 
the  Internal  Improvement  Companies  or  of  the  State  tax  now 
levied,  or  which  may  hereafter  be  levied,  to  pay  off  the  pub¬ 
lic  debt  to  any  other  purpose,  until  the  interest  and  debt  are 
fully  paid  or  the  sinking  fund  shall  be  equal  to  the  amount 
of  the  outstanding  debt,  but  the. General  Assembly  may,  with¬ 
out  laying  a  tax,  borrow  an  amount,  never  to  exceed  fifty 
thousand  dollars,  to  meet  temporary  deficiencies  in  the  Treas¬ 
ury,  and  may  contract  debts,  to  any  amount,  that  may  be 
.  necessary  for  the  defence  of  the  State.  . 

Sec.  34.  No  extra  compensation  shall  be  granted  or  allowed 
by  the  General  Assembly  to  any  public  officer,  agent,  servant, 
or  contractor  after  the  services  shall  have  been  rendered,  or 
the  contract,  entered  into  ;  nor  shall  the  salary  or  compensa¬ 
tion  of  any  public  officer  be  increased  or  diminished  during 
his  term  of  office. 

Sec.  35.  No  lottery  grant  shall  ever  hereafter  be  authorized 
by  the  General  Assembly. 

Sec.  36.  The  General  Assembly  shall  pass  no  law,  nor 
make  any  appropriation  to  compensate  the  masters  or  claim¬ 
ants  of  slaves  emancipated  from  servitude  by  the  adoption  of 
this  Constitution. 

Sec.  37.  No  person  shall  be  imprisoned  for  debt. 

Sec.  38.  The  General  Assembly  shall  grant  no  charter  for 
banking  purposes,  nor  renew  any  banking  corporation  now 
in  existence,  except  upon  the  condition  that  the  stockholders 
shall  be  liable  to  the  amount  of  their  respective  share  or  shares 
of  stock  in  such  banking  institution,  for  all  its  debts  and 
liabilities  upon  note,  bill  or  otherwise,  and  upon  the  further 
condition,  that  no  director  or  other  officer  of  said  corporation 
shall  borrow  any  money  from  said  corporation,  and  if  any 
director  or  other  officer  shall  be  convicted,  upon  indictment, 
of,  directly  or  indirectly  violating  this  section,  he  shall  be 
punished  by  fine  or  imprisonment  at  the  discretion  of  the 
Court.  The  book,  papers  and  accounts  of  all  banks  shall  be 
open  to  inspection  under  such  regulations  as  may  be  prescribed 
by  law. 


Sec.  3D.  The  General  Assembly  shall  enact  no  law  autho¬ 
rizing  private  property  to  be  taken  for  public  use,  without 
just  compensation,  as  agreed  upon  between  the  parties,  or 
awarded  by  a  jury,  being  first  paid  or  tendered  to  the  party 
entitled  to  such  compensation. 

Sec.  40.  Any  citizen  of  this  State  who  shall,  after  the  adop¬ 
tion  of  this  Constitution,  either  in  or  out  of  this  State,  fight 
a  duel  with 'deadly  weapons,  or  send  or  accept  a  challenge  so 
to  do,  or  who  shall  act  as  a  second,  or  knowingly  aid  or  as¬ 
sist  in  any  manner  those  thus  offending,  and  any  citizen  who 
has  thus  offended,  or  who  has  so  aided  or  assisted  those  thus 
offending  since  the  first  Wednesday  of  June,  eighteen  hun¬ 
dred  and  fifty-one,  shall  ever  thereafter  be  incapable  of  hold¬ 
ing  any  office  of  trust  or  profit  under  this  State. 

Sec.  41,  The  General  Assembly  shall  pass  laws  for  the 
preservation  of  the  purity  of  elections  by  the  registration  of 
voters,  and  by  such  qther  means  as  maybe  deemed  expedient ; 
and  to  make  effective  the  provisions  of  the  Constitution,  dis¬ 
franchising  certain  persons  or  disqualifying  them  from  hold¬ 
ing  office. 

Sec.  42.  The  General  Assembly  shall  pass  laws  necessary 
to  protect  the  property  of  the  wife  from  the  debts  of  the  hus¬ 
band  during  her  life,  and  for  securing  the  same  to  her  issue 
after  her  death. 

Sec.  43.  Laws  shall  be  passed  by  the  General  Assembly  to 
protect  from  execution,  a  reasonable  amount  of  property  of  a 
debtor  not  exceeding  in  value  the  sum  of  five  hundred  dollars. 

Sec.  44.  The  General  Assembly  shall  provide  a  simple  and 
uniform  system  of  charges  in  the  offices  of  Clerks  of  Courts 
and  Register  of  Wills,  in  the  counties  of  this  State  and  the 
city  of  Baltimore,  and  for  the  collection  thereof ;  provided , 
the  amount  of  compensation  to  any  of  said  officers  shall  not 
exeeed  the  sum  of  twenty-five  hundred  dollars  a  year,  over 
and  above  office  expenses  and  compensation  to  Assistants  ; 
and  provided  further ,  that  such  compensation  of  Clerks, ‘Reg¬ 
isters,  Assistants  and  office  expenses  shall  always  be  paid  out 
of  the  fees  or  receipts  of  the  offices  respectively. 

Sec.  45.  The  General  Assembly  shall  have  power  to  receive 
from  the  United  States  any  grant  or  donation  of  land,  money 
or  securities  for  any  purpose  designated  by  the  United  States, 
and  shall  administer  or  distribute  the  same  according  to  the 
conditions  of  the  said  grant. 

Sec.  46.  The  General  Assembly  shall  make  provision  for 
all  cases  of  contested  elections  of  any  of  the  officers  not  herein 
provided  for. 


743 


feec.  47.  The  General  Assembly  shall  pass  laws  requiring 
the  President,  Directors,  Trustees  or  Agents  of  corporations, 
created  or  authorized  by  the  laws  of  this  State  ;  Teachers  or 
Superintendents  of  the  Public  Schools,  Colleges  or  other  in¬ 
stitutions  of  learning  ;  Attorneys-at-Law,  Jurors  and  such 
other  persons  as  the  General  Assembly  shall,  from  time  to 
time  prescribe,  to  take  the  oath  of  allegiance  to  the  United 
States  set  forth  in  the  first  article  of  this  Constitution. 

Sec.  48.  The  General  Assembly  shall  have  power  to  accept 
the  cession  of  any  territory  contiguous  to  this  State,  from  the 
States  of  Virginia  and  West  Virginia  or  from  the  United 
States,  with  the  consent  of  Congress  and  of  the  inhabitants  of 
such  ceded  territory,  and  in  case  of  such  cessions,  the  General 
Assembly  may  divide  such  territory  into  counties,  and  shall 
provide  for  the  representation  of  the  same  in  the  General  As¬ 
sembly  on  the  basis  fixed  by  this  Constitution,  and  may  for 
that  purpose  increase  the  number  of  Senators  and  Delegates. 
And  the  General  Assembly  shall  enact  such  laws  as  may  be 
required  to  extend  the  Constitution  and  laws  of  this  State  over 
such  territory,  and  may  create  courts  conformably  to  the  Con¬ 
stitution  for  such  territory,  and  may  for  that  purpose  increase 
the  number  of  Judges  of  the  Court  of  Appeals. 

Sec.  49.  The  General  Assembly  shall  provide  by  law  for 
the  registration  of  births,  marriages  and  deaths,  and  shall 
pass  laws  providing  for  the  celebration  of  marriage  between 
any  person  legally  competent  to  contract  marriage,  and  shall 
provide  that  any  persons  prevented  by  conscientious  scruples 
from  being  married  by  any  of  the  existing  provisions  of  law, 
may  be  married  by  any  Judge  or  Clerk  of  any  Court  of  Re¬ 
cord,  or  any  Mayor  of  any  incorporated  city  in  this  State. 

_  Sec.  50.  The  rate  of  interest  in  this  State  shall  not  exceed 
six  per  centum  per  annum,  and  no  higher  rate  shall  be  taken 
or  demanded  ;  and  the  General  Assembly  shall  provide  by 
law  all  necessary  forfeitures  and  penalties  against  usury. 

Sec.  51.  Corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  special  act,  except  for  municipal 
purposes,  and  in  cases  where,  in  the  judgment  of  the  General 
Assembly,  the  object  of  the  corporation  cannot  be  attained 
under  general  laws.  All  laws  and  special  acts,  pursuant  to 
this  section,  may  be  altered  from  time  to  time,  or  repealed; 
provided,  nothing  herein  contained  shall  be  construed  to 
alter,  change  or  amend,  in  any  manner,  the  section  in  relation 
to  Banks. 

Sec.  52.  The  Governor,  Comptroller  and  Treasurer  of  the 
State,  are  hereby  authorized,  conjointly,  or  any  two  of  them, 


744 


to  exchange  tlie  State’s  interest  as  stockholder  and  creditor 
in  the  Baltimore  and  Ohio  Rail  Road  Company,  for  an  equal 
amount  of  the  bonds  or  registered  debt  now  owing  by  the 
State  •  and  subject  to  such  regulations  and  conditions  as  the 
General  Assembly  may  from  time  to  time  prescribe,  to  sell 
the  State’s  interest  in  the  other  works  of  Internal  Improve¬ 
ment  whether  as  a  stockholder  or  a  creditor,  also  the  State’s 
interest  in  any  hanking  corporation,  and  receive,  in  payment, 
the  bonds  and  registered  debt  now  owing  by  the  State,  equal 
in  amount  to  the  price  obtained  for  the  State’s  said  interest ; 
provided,  that  the  interest  of  the  State  in  the  Washington 
Branch  of  the  Baltimore  and  Ohio  Raid  Road,  be  reserved 
and  excepted  from  sale  ;  and  provided  further ,  that  no  sale 
or  contract  of  sale  of  the  State’s  interest  in  the  Chesapeake 
and  Ohio  Canal,  the  Chesapeake  and  Delaware  Canal,  and 
the  Susquehanna  and  Tide  Water  Canal  Companies,  shaR  go 
into  effect,  until  the  same  shall  be  ratified  by  the  ensuing 
General  Assembly. 

Sec.  53.  The  General  Assembly,  before  authorizing  the 
sale  of  the  State’s  interest  in  the  Chesapeake  and  Ohio  Canal, 
and  before  nrescribing  regulations  and  conditions  for  said 
sale,  shall  pass  all  laws  that  may  be  necessary  to  authorize 
the  counties  of  Allegany,  Washington,  Frederick  and  Mont¬ 
gomery,  or  any  one  of  them,  to  create  a  debt  by  the  issue  of 
bonds  or  otherwise,  so  as  to  enable  them,  or  any  of  them,  to 
to  become  the  purchasers  of  said  interest. 

Sec.  54.  The  General  Assembly  shall  have  power  to  regu¬ 
late  by  law,  not  inconsistent  with  this  Constitution,  all 
matters  which  relate  to  the  Judges  of  Election,  time,  place 
and  manner  of  holding  elections  in  this  State,  and  of  making 

returns  thereof. 

Sec.  55.  The  General  Assembly  shall  have  power  to  pass 
all  such  laws,  as  may  be  necessary  and  proper  for  carrying 
into  execution  the  powers  vested  by  this  Constitution,  in  any 
department  or  office  of  the  government,  and  the  duties  im¬ 
posed  upon  them  thereby. 

ARTICLE  IV. 

JUDICIARY  DEPARTMENT. 

Part  I. 

General  Provisions. 

Section  1.  The  Judicial  power  of  this  State  shall  be  vested 
in  a  Court  of  Appeals,  Circuit  Courts,  Orphans’  Courts,  such 
Courts  for  the  city  of  Baltimore  as  may  be  hereinafter  pre¬ 
scribed  or  provided  for,  and  Justices  of  the  Peace  ;  all  said 


745 


Courts  shall  be  Courts  of  Record,  and  each  shall  have  a  seal 
to  be  used  in  the  authentication  ot  all  process  issuing  from 
them.  The  process  and  official  character  of  Justices  of  the 
Peace  shall  be  authenticated  as  hath  heretofore  been  practised 
in  this  State  or  may  hereafter  be  prescribed  by  law. 

Sec.  2.  The  Judges  of  the  several  Courts,  except  the  Judges 
of  the  Orphans’  Courts,  shall  be  citizens  of  the  United  States, 
and  residents  of  this  State  not  less  than  five  years  next  pre¬ 
ceding  their  election  or  appointment  by  the  Executive  in  case 
of  a  vacancy,  and  not  less  than  one  year  next  preceding 
their  election  or  appointment  residents  in  the  Judicial  Dis¬ 
trict  or  Circuit,  as  the  case  may  be,  for  which  they  may  be 
elected  or  appointed.  They  shall  be  not  less  than  thirty 
years  of  age  at  the  time  of  their  election,  and  selected  from 
those  who  have  been  admitted  to  practice  law  in  this  State, 
and  who  are  most  distinguished  for  integrity,  wisdom  and 
sound  legal  knowledge. 

Sec.  3.  The  Judges  of  the  Court  of  Appeals  shall  be  elected 
by  the  qualified  voters  ot  the  State  ;  and  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate,  shall  designate 
the  Chief  Justice  ;  and  the  Judges  of  the  Judicial  Circuits 
shall  be  elected  by  the  qualified  voters  of  their  respective 
circuits.  Each  Judge  of  the  Court  of  Appeals,  and  of  each 
Judicial  Circuit  shall  hold  his  office  for  the  term  of  fifteen 
years  from  the  time  of  his  election,  or  until  he  shall  have  at¬ 
tained  the  age  of  seventy  years,  whichever  may  first  happen, 
and  be  re-eligible  thereto  until  he  shall  have  attained  the  age 
of  seventy  years  and  not  after. 

Sec.  4.  Any  Judge  shall  be  removed  from  office  by  the 
Governor  on  conviction  in  a  Court  of  Law  of  incompetency, 
of  willful  neglect  of  duty,  misbehavior  in  office,  or  any  other 
crime,  or  on  impeachment  according  to  this  Constitution  or 
the  laws  of  the  State  ;  or  on  the  address  of  the  General  As¬ 
sembly,  two-thirds  of  each  House  concurring  in  such  address, 
and  the  accused  having  been  notified  of  the  charges  against 
him,  and  had  opportunity  of  making  his  defence. 

Sec.  5.  In  case  of  the  death,  resignation,  removal  or  other 
disqualification  of  a  Judge  of  any  Court  of  this  State,  except 
of  the  Orphans’  Court,  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  thereupon  appoint  a  person 
duly  qualified  to  fill  said  office  until  the  next  general  election 
thereafter,  whether  for  members  of  the  General  Assembly  or 
county  officers,  whichever  shall  first  occur,  at  which  time  an 
election  shall  be  held  as  herein  prescribed  for  a  Judge,  who 
shall  hold  said  office  for  the  term  of  fifteen  years,  and  until 
the  election  and  qualification  of  his  successor. 

94 


Sec.  6.  All  Judges  shall  by  virtue  of  their  offices,  he  con¬ 
servators  of  the  peace  throughout  the  State,  and  no  fees  or 
perquisites,  commission  or  reward  of  any  kind  shall  be  allowed 
to  any  Judge  in  this  State,  besides  his  annual  salary  or  fixed 
per  diem,  for  the  discharge  of  any  judicial  duty. 

Sec.  7.  No  Judge  shall  sit  in  any  case  wherein  he  may  be 
interested  or  where  either  of  the  parties  may  be  connected 
with  him  by  affinity  of  consanguinity  within  such  degrees  as 
now  are  or  may  hereafter  be  prescribed  by  law  or  where  he 
shall  have  been  of  counsel  in  the  case. 

Sec.  8.  The  General  Assembly  shall  provide  for  the  trial  of 
causes  in  case  of  the  disqualification  of  the  Judge  of  the  Su¬ 
perior  Court  of  Baltimore  city,  the  Court  of  Common  Pleas, 
the  Circuit  Court  of  Baltimore  city,  and  the  Criminal  Court 
of  Baltimore,  and  also  in  case  of  the  disqualification  of  any 
Judge  of  other  Circuits  Courts  of  this  State,  to  hear  and  de¬ 
termine  the  same,  but  in  case  of  such  disqualification  the  par¬ 
ties  thereto  may,  by  consent,  appoint  a  person  to  try  the 
same  ;  and  the  parties  to  any  cause  may  submit  the  same  to 
the  Court  for  determination  without  the  aid  of  a  Jury. 

Sec.  9.  The  Judge  or  Judges  of  any  Court  of  this  State, 
except  the  Court  of  Appeals,  shall  order  and  direct  the  record 
of  proceedings  in  any  suit  or  action,  issue  or  petition,  pre¬ 
sentment  or  indictment  pending  in  such  Court,  to  be  trans¬ 
mitted  to  some  other  Court  in  the  same  or  any  adjoining  Cir¬ 
cuit  having  jurisdiction  in  such  cases,  whenever  any  party  to 
such  cause,  or  the  counsel  of  any  party  shall  make  it  satisfac¬ 
torily  appear  to  the  Court  that  such  party  cannot  have  a  fair 
and  impartial  trial  in  the  Court  in  which  such  suit  or  action, 
issue  or  petition,  presentment  or  indictment  is  pending  ;  and 
the  General  Assembly  shall  make  such  modifications  of  exist¬ 
ing  law  as  may  be  necessary  to  regulate  and  give  force  to 
'this  provision. 

Sec.  10.  The  Judge  or  Judges  of  any  Court  may  appoint 
such  officers  for  their  respective  Courts  as  may  be  found  ne¬ 
cessary,  and  it  shall  be  the  duty  of  the  Gfeneral  Assembly  to 
prescribe  by  law  a  fixed  compensation  for  all  such  officers. 

Sec.  11.  Every  person  being  a  citizen  of  the  United  States, 
shall  be  permitted  to  appear  to,  and  try  his  own  case,  in  all 
the  Courts  of  the  State. 

Sec.  12.  Any  person  who  shall  after  this  Constitution  shall 
have  gone  into  effect,  detain  in  slavery  any  person  emancipa¬ 
ted  by  the  provisions  of  this  Constitution  shall,  on  conviction, 
be  fined  not  less  than  five  hundred  dollars,  nor  more  than  five 
thousand  dollars,  or  be  imprisoned  not  more  than  five  years; 


747 


and  any  of  the  Judges  of  this  State  shall  discharge,  on  habea 
corpus,  any  person  so  detained  in  slavery. 

Sec.  13.  The  Clerks  of  the  several  Courts  created,  or  con¬ 
tinued  by  this  Constitution,  shall  have  charge  and  custody  of 
the  records  and  other  papers,  shall  perform  all  the  duties  and 
be  allowed  the  fees  which  appertain  to  their  several  offices,  as 
the  same  now  are,  or  may  hereafter  be  regulated  by  law. 

Sec.  14.  All  elections  of  Judges  and  other  officers  provided 
for  by  this  Constitution,  State’s  Attorneys  excepted,  shall  be 
certified,  and  the  returns  made  by  the  Clerks  of  the  respective 
counties  to  the  Governor,  who  shall  issue  commissions  to  the 
different  persons  for  the  offices  to  which  they  shall  have  been 
respectively  elected;  and  in  all  such  elections,  the  person 
having  the  greatest  number  of  votes,  shall  be  declared  to  be 
elected. 

Sec.  15.  If  in  any  case  of  election  for  Judges,  Clerks  of  the 
Courts  of  Law,  and  Registers  of  Wills,  the  opposing  candi¬ 
dates  shall  have  an  equal  number  of  votes,  it  shall  be  the  duty 
of  the  Governor  to  order  a  new  election;  and  in  case  of  any 
contested  election,  the  Governor  shall  send  the.  returns  to  the 
House  of  Delegates,  who  shall  judge  of  the  election  and  quali¬ 
fication  of  the  candidates  at  such  election. 

Sec.  16.  All  public  commissions  and  grants  shall  run  thus: 
“The  State  of  Maryland,  &c.,”  and  shall  be  signed  by  the 
Governor,  with  the  seal  of  the  State  annexed;  all  writs  and 
process  shall  run  in  the  same  style,  and  be  tested,  sealed  and 
signed  as  usual;  and  all  indictments  shall  conclude,  “against 
the  peace,  government  and  dignity  of  the  State.” 

Part  II. 

Court  of  Appeals . 

Sec.  17.  The  Court  of  Appeals  shall  consist  of  a  Chief 
Justice  and  four  Associate  Justices,  and  for  their  selection  the 
State  shall  be  divided  into  five  Judicial 'Districts  as  follows, 
viz :  Worcester,  Somerset,  Dorchester,  Talbot,  Caroline, 
Queen  Anne,  Kent  and  Cecil  counties,  shall  compose  the 
first  district  ;  Harford  and  Baltimore  counties,  and  the  first 
seven  wards  of  Baltimore  city,  shall  compose  the  second  dis¬ 
trict.  ;  Baltimore  city  except  the  first  seven  wards,  shall  com¬ 
pose  the  third  district  ;  Allegany,  Washington,  Frederick, 
Howard  and  Carroll  counties,  shall  compose  the  fourth  dis¬ 
trict  ;  St.  Mary’s,  Charles,  Anne  Arundel,  Calvert,  Prince 
George’s  and  Montgomery  counties,  shall  compose  the  fifth 
district  ;  and  one  of  the  Justices  of  the  Court  of  Appeals, 
shall  be  elected  from  each  of  said  districts,  by  the  qualified 
voters  of  the  whole  State.  The  present  Chief  Justice  and 


748 


Associate  Justices  of  the  Court  of  Appeals  shall  continue  to 
act  as  such  until  the  expiration  of  the  term  for  which  they 
were  respectively  elected,  and  until  their  successors  are  elected 
and  qualified  ;  and  an  election  for  a  Justice  of  the  Court  of 
Appeals,  to  be  taken  from  the  fourth  Judicial  District,  shall 
be  held  on  the  Tuesday  next  after  the  first  Monday  in  the 
month  of  November,  eighteen  hundred  sixty  four. 

Sec.  18.  The  Court  of  Appeals  shall  hold  its  sessions  in 
the  city  of  Annapolis,  on  the  first  Monday  in  April,  and 
the  first  Monday  in  October,  of  each  and  every  year,  or  at 
such  other  times  as  the  General  Assembly  may  by  law  direct, 
and  it  shall  be  competent  for  the  Justices  of  said  Court,  suffi¬ 
cient  cause  appearing  to  them,  temporarily  to  transfer  their 
sittings  elsewhere. 

Sec.  19.  The  jurisdiction  of  the  Court  of  Appeals,  shall  be 
co-extensive  with  the  limits  of  the  State,  and  such  as  now  is 
or  may  hereafter  be  prescribed  for  it  by  law,  and  its  sessions 
shall  continue  for  not  less  than  ten  months  in  the  year,  if  the 
business  before  it  shall  so  require. 

Sec.  20.  Any  three  of  the  Justices  of  the  Court  of  Appeals 
may  constitute  a  quorum,  but  no  cause  shall  be  decided  with¬ 
out  the  concurrence  of  at  least  three  Justices  in  the  decision, 
and  in  every  case  decided,  an  opinion  in  writing  shall  be  filed 
within  three  months  after  the  argument  or  submission  of  the 
cause,  and  the  judgment  of  the  Court  shall  be  final  and  con¬ 
clusive. 

Sec.  21.  The  salary  of  the  Justices  of  the  Court  of  Appeals 
shall  be  three  thousand  dollars,  each  per  annum,  payable 
quarterly. 

Sec.  22.  Provision  shall  be  made  by  law  for  publishing  re¬ 
ports  of  all  causes  argued  and  determined  in  the  Court  of 
Appeals,  which  the  Justices  shall  designate  as  proper  for 
publication. 

Sec.  23.  The  Court  of  Appeals  shall  appontits  own  Clerk, 
who  shall  hold  his  office  for  six  years,  and  may  be  re-ap¬ 
pointed  at  the  end  thereof,  he  shall  be  subject  to  removal  by 
the  said  Court  for  incompetency,  neglect  of  duty,  misdemean¬ 
or  in  office,  or  such  other  cause  or  causes  as  may  be  prescribed 
by  law. 

Part  III. 

Circuit  Courts . 

Sec.  24.  The  State  shall  be  divided  into  thirteen  Judicial 
Circuits,  in  manner  following  :  The  counties  of  St.  Mary’s 
and  Charles,  shall  constitute  the  first  Circuit ;  the  counties 


749 


of  Anne  Arundel  and  Calvert,  the  second  ;  the  counties  of 
Prince  George's  and  Montgomery  the  third;  the  county  of 
Frederick  the  fourth  ;  the  county  of  Washington  the  fifth  ; 
the  county  of  Allegany  the  sixth  ;  the  counties  of  Carroll 
and  Howard  the  seventh;  the  county  of  Baltimore  the  eighth* 
the  counties  of  Harford  and  Cecil  the  ninth  ;  the  counties  of 
Kent  and  Queen  Anne's  the  tenth  ;  the  counties  of  Talbot 
and  Caroline  the  eleventh  :  the  counties  of  Dorchester,  Som¬ 
erset  and  Worcester  the  twelfth;  and  the  citv  of  Baltimore 
the  thirteenth. 


^  2o.  One  Court  shall  be  held  in  each  county  of  the 

State;  the  said  Courts  shall  be  called  Circuit  Courts  for  the 
county  in  which  they  may  be  held,  and  shall  have  and  ex¬ 
ercise  all  the  power,  authority  and  jurisdiction,  original  and 
appellate,  which  the  present  Circuit  Courts  of  this  State  now 

have  and  exercise,  oy  which  may  hereafter  be  prescribed  by 
law.  J 


Sec.  26.  For  each  Circuit  (the  thirteenth  excepted)  there 
shall  be  one  Judge,  who  shall  be  styled  Circuit  Jud^e,  who 

during  his  term  of  office,  shall  reside  in  one  of  the  counties 

composing  the  Circuit  for  which  he  may  be  elected;  the  said 
Judges  shall  hold  a  term  of  their  Courts  in  each  of  the  coun¬ 
ties  composing  their  respective  Circuits  at  such  times  as  now 
are  or  may  hereafter  be  fixed  by  law,  such  terms  to  be  never 
less  than  two  in  each  year  in  each  county;  special  terms  may 
^  ^  ^  ^  ^  ges  in  their  discretion,  whenever  the 

business  of  their  several  counties  renders  such  terms  neces¬ 
sary. 


Sec.  27.  The  present  Judges  of  the  Circuit  Courts  shall 
continue  to  act  as  Judges  oi  the  respective  Circuit  Courts 
within  the  Judicial  Circuits  in  which  they  respectively  re¬ 
side,  until  the  expiration  of  the  term  for  which  they  were 
respectively  elected,  and  until  their  successors  are  elected  and 
qualified,  viz:  the  present  Judges  of  the  first,  second,  third 
fourth,  sixth  and  eighth  Judicial  Circuits,  as  organized  at 
the  time  of  the  adoption  of  this  Constitution,  shall  continue 
to  act  as  Judges  respectively  of  the  first,  second,  fourth,  fifth 
ninth  and  twelfth  Judicial  Circuits,  as  organized  under  this 
Constitution;  and  an  election  for  Judges  of  the  third,  sixth 
seventh,  eighth,  tenth  and  eleventh  "judicial  Circuits  shall 
be  held  on  the  Tuedsay  next  after  the  first  Monday  in  the 

month  of  November  in  the  year  eighteen  hundred  and  sixty- 
four.  J 


Sec.  28.  The  salary  of  each  Judge  of  the  Circuit  Court 
shall  be  twenty-five  hundred  dollars  per  annum  payable 
quarterly,  and  shall  not  be  increased  or  diminished  during*  his 
continuance  in  office.  0 


Sec.  29  There  shall  be  a  Clerk  of  the  Circuit  Court  for 
each  county,  who  shall  be  elected  by  a  plurality  vote  of  the 
qualified  voters  of  said  county,  he  shall  hold  his  office  for  the 
term  of  six  years  from  the  time  of  his  election,  and  until  a 
new  election  is  held  and  his  successor  duly  qualified;  he  shall 
be  re-eligible  at  the  end  of  his  term,  and  shall  at  any  time 
be  subject  to  removal  for  willful  neglect  of  duty,  or  other 
misidemeanor  in  office,  on  conviction  in  a  Court  of  Law.  In 
the  event  of  any  vacancy  in  the  office  of  the  Clerk  of  any  of 
the  Circuit  Courts,  said  vacancy  shall  be  filled  by  the  Judge 
of  said  Circuit  in  which  said  vacancy  occurs  until  the  next 
general  election  for  county  officers,  when  a  clerk  of  said 
Circuit  Court  shall  be  elected  to  serve  for  six  years  there¬ 
after. 

Sec.  30.  The  Judges  of  the  respective  Circuit  Courts  of  this 
State,  and  of  the  Courts  of  Baltimore  City,  shall  render  their 
decisions  in  all  cases  argued  before  them,  or  submitted  for 
their  judgment,  within  two  months  after  the  same  shall  have 
been  argued  or  submitted. 

Part IY. 

Courts  of  Baltimore  City. 

Sec.  31.  There  shall  be  in  the  thirteenth  Judicial  Circuit 
four  Courts,  to  be  styled  the  Superior  Court  of  Baltimore  city; 
the  Court  of  Common  Pleas;  the  Circuit  Court  of  Baltimore 
city;  and  the  Criminal  Court  of  Baltimore;  each  Court  shall 
consist  of  one  Judge,  who  shall  be  elected  by  tae  legal  and 
qualified  voters  of  said  city;  and  shall  hold  his  office  for  the 
term  of  fifteen  years,  subject  to  the  provisions  of  this  Consti¬ 
tution  with  regard  to  the  election  and  qualification  of  Judges 
and  their  removal  from  office,  and  shall  exercise  the  jurisdic¬ 
tion  hereinafter  specified. 

Sec.  32.  Each  of  said  Judges  shall  receive  an  annual  sala¬ 
ry  of  three  thousand  dollars,  payable  quarterly. 

Sec.  33.  The  Superior  Court  of  Baltimore  city,  shall. have 
jurisdiction  over  all  suits  where  the  debt  or  damage  claimed, 
exclusive  of  interest,  shall  exceed  the  sum  of  one  thousand 
dollars,  and  in  case  any  plaintiff  or  plaintiffs  shall  recover 
less  than  the  sum  or  value  of  one  thousand  dollars,  he  or  they 
shall  be  allowed  or  adjudged  to  pay  costs  in  the  discretion  of 
the  Court.  The  said  Court  shall  also  have  jurisdiction  as  a 
Court  of  Equity  within  the  limits  of  the  said  city,  and  in  all 
other  civil  cases,  which  are  not  hereinafter  assigned  to  the 
Court  of  Common  Pleas,  and  also  have  jurisdiction  in  all  cases 
of  appeals  from  the  Commissioners  for  opening  streets. 

Sec.  34.  The  Court  of  Common  Pleas  shall  have  civil  ju¬ 
risdiction  in  all  suits  where  the  debt  or  damage  claimed,  ex- 


751 


elusive  of  interest,  shall  be  over  one  hundred  dollars,  and 
shall  not  exceed  one  thousand  dollars;  and  shall  also  have 
juiisdiction  in  all  cases  of  appeal  in  civil  cases  from  the  judg¬ 
ment  of  Justices  of  the  Peace  in  the  said  city,  and  shall  have 
jurisdiction  in  all  applications  for  the  benefit  of  the  insolvent 
laws  of  this  State,  and  the  supervision  and  control  of  the 
trustees  thereof. 

Sec..  h5.  1  he  Circuit  Court  of  Baltimore  city  shall  have  ju¬ 
risdiction  concurrent  with  the  Superior  Court  of  Baltimore 
city,  in  all  cases  in  equity,  in  cases  arising  under  the  act  to 
direct  descents  and  its  supplements;  and  shall  exercise  all  the 
power  that  is  now  conferred  by  law;  provided ,  said  Court 
shall  not  have .  jurisdiction  in  applications  for  the  writ  of 

habeas  corpus,  in  cases  of  persons  charged  with  criminal  of¬ 
fenses. 

Sec.  36.  The  Criminal  Court  of  Baltimore  shall  have  and 
exercise  all  the  jurisdiction  now  held  and  exercised  by  the 
Ci  iminal.  Court  or  Baltimore,  except  in  cases  of  appeals  from 
Commissioners  for  opening  streets,  and  shall  have  jurisdic¬ 
tion  in  all  cases  of  appeals  from  Justices  of  the  Peace  in  said 
city,  for  the  recovery  of  fines,  penalties  and  forfeitures. 

.  Sec-  The  present  Judges  of  the  several  Courts  of  Bal¬ 
timore  city,  shall  continue  to  act  as  such  until  the  expiration 
of  the  terms  for  which  they  were  respectively  elected,  and  un¬ 
til  their  successors  are  elected  and  qualified. 

Sec.  38.  All  causes  pending  in  the  several  Courts  of  Balti¬ 
more  city,  at  the  adoption  of  this  Constitution,  shall  be  prose¬ 
cuted  to  final  judgment,  as  though  the  jurisdiction  of  the 
several  Courts  in  which  they  may  be  pending,  had  not  been 
changed. 

Sec  39.  There  shall  be  a  Clerk  of  each  of  the  said  Courts 
ot  Baltimore  city,  who  shall  be  elected  by  the  legal  and  quali¬ 
fied  voters  of  said  city,  and  shall  hold  his  office  for  six  years 
from  the  time  of  his  election,  and  until  his  successor  is  elect¬ 
ed  and  qualified,  and  be  re-eligible  thereto,  subject  to  be  re¬ 
moved  for  wilful  neglect  oi  duty  or  other  misdemeanor  in  of¬ 
fice  on  conviction  in  a  Court  of  law.  In  case  of  a  vacancy  in 
the  office  of  a  Clerk  of  any  of  the  said  Courts  the  Judge  of 
t  iQ  Couit,  of  wiiich  he  was  Clerk  shall  have  the  power  to  ap- 
point  a  Clerk  until  the  general  election  for  county  officers 
held  next  thereafter,  when  a  Clerk  of  said  Court  shall  be 
elected  to  serve  for  six  years  thereafter. 

Sec.  .40.  The  present  Clerk  of  the  Superior  Court  of  Balti- 
more  city,  and  ot  the  Court  of  Common  Pleas,  and  of  the  Crimi¬ 
nal  Court  of  Baltimore,  shall  continue  to  act  as  Clerks  of 


752 


said  Courts  respectively,  during  the  time  for  which  they  were 
severally  elected,  and  until  their  successors  are  elected  and 
qualified,  and  in  case  of  the  death,  resignation  or  disqualifi¬ 
cation  of  either  of  said  Clerks  before  the  expiration  of  the 
time  for  which  they  were  elected,  the  Judge  of  the  Court 
where  such  death,  resignation  or  other  disqualification  niay 
occur,  shall  have  the  power  to  appoint  a  Clerk  as  provided 
by  the  thirty-ninth  section  of  this  Article  ;  the  present  Clerk 
of  the  Circuit  Court  of  Baltimore  city,  shall  continue  to  act 
as  Clerk  of  said  Court  until  the  first  election  for  county  offi¬ 
cers  next  after  the  adoption  of  this  Constitution,  when  a 
Clerk  of  said  Court  shall  be  elected  in  the  same  manner  and 
hold  bis  office  for  the  same  time,  and  be  subject  to  the  same 
provisions  of  this  Constitution  as  the  Clerks  of  the  Courts  in 
said  city. 

Sec.  41.  The  General  Assembly  shall,  whenever  it  may 
think  the  same  proper  and  expedient,  provide  by  law  another 
Court  for  the  city  of  Baltimore,  to  consist  of  one  Judge  to 
be  elected  by  the  legal  and  qualified  voters  of  said  city,  who 
shall  be  subject  to  the  same  constitutional  provisions,  hold 
his  office  for  the  same  term  of  years,  and  receive  the  same 
compensation  as  the  Judge  of  the  Superior  Court  of  said  city, 
and  said  Court  shall  have  such  jurisdiction  and  powers  as 
may  be  prescribed  by  law  ;  and  the  General  Assembly  may 
re-apportion  the  civil  jurisdiction  among  the  several  Courts 
in  Baltimore  city,  from  time  to  time,  as  in  their  judgments 
the  public  interest  and  convenience  may  require. 

Sec.  42.  The  Clerk  of  the  Court  of  Common  Pleas,  shall 
have  authority  to  issue  within  said  city,  all  marriage  and 
other  licences  required  by  law,  subject  to  such  provisions  as 
the  General  Assembly  have  now  or  may  hereafter  prescribe, 
and  the  Clerk  of  the  Superior  Court  of  said  city,  shall  re¬ 
ceive  and  record  all  deeds,  conveyances  and  other  papers 
Which  are  required  by  law  to  be  recorded  in  said  city  ;  he 
shall  also  have  custody  of  all  papers  connected  with  the  pro¬ 
ceedings  on  the  Law  and  Equity  side  of  Baltimore  County 
Court,  and  of  the  dockets  thereof  so  far  as  the  same  have 
relation  to  the  city  of  Baltimore. 

Part  V. 

Orphans*  Courts. 

Sec.  43.  There  shall  be  an  Orphans’.  Court  in  the  city  of 
Baltimore,  and  in  each  of  the  counties  of  this  State  ;  the 
qualified  voters  of  the  city  of  Baltimore  and  of  the  several 
counties  of  the  State  shall,  on  the  Tuesday  next  after  the  first 
Monday  in  the.  month  of  November,  eighteen  hundred  and 
sixty-seven,  elect  three  men  to  be  Judges  of  the  Orphans’  ^ 


753 


Court  of  said  city  and  counties  respectively  ;  one  of  the  said 
Judges  first  elected  shall  hold  his  office  for  two  years,  one 
for  four  years  and  the  other  for  six  years,  and  at  the  first 
meeting  after  their  election  and  qualification,  or  as  soon 
thereafter  as  practicable,  they  shall  determine  by  lot,  which 
one  of  their  number  shall  hold  his  office  for  two,  four  and 
six  years  respectively,  and  thereafter  there  shall  be  elected  as 
aforesaid,  at  each  general  election  for  county  officers,  one 
Judge  to  serve  for  the  term  of  six  years.  No  person  shall  be 
elected  Judge  of  the  Orphans’  Court  unless  he  be  at  the  time 
of  his  election  a  citizen  of  the  United  States,  and  resident  for 
twelve  months  in  the  city  or  county  for  which  he  may  be 
elected  ,  each  of  said  Judges  shall  receive  such  compensation, 
to  be  paid  by  the  said  counties  and  city  respectively,  as  is 
now  or  may  hereafter  he  prescribed  by  the  General  As¬ 
sembly. 

Sec.  44.  In  case  of  the  death,  resignation,  removal,  or 
other  disqualification  of  a  Judge  of  an  Orphans’  Court,  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  appoint  a  person  duly  qualified  to  fill  said  office  for  the 
residue  of  the  term  thus  made  vacant. 

Sec.  45.  The  Orphans’  Courts  shall  have  all  the  powers 
now  vested  by  law  in  the  Orphans’  Courts  of  this  State,  sub¬ 
ject  to  such  changes  as  the  General  Assembly  may  prescribe, 
and  shall  have  such  other  jurisdiction  as  may  from  time  to 
time  be  provided  by  law. 

Sec.  46.  There  shall  be  a  Register  of  Wills  in  each  county 
of  the  State,  and  in  the  city  of  Baltimore,  to  be  elected  by 
the  legal  and  qualified  voters  of  said  counties  and  city  respec¬ 
tively,  who  shall  hold  his  office  for  six  years  from  the  time  of 
his  election,  and  until  bis  successor  is  elected  and  qualified  ; 
he  shall  be  re-eligible  and  subject  at  all  times  to  removal  for 
willful  neglect  of  duty  or  misdemeanor  in  office,  in  the  same 
manner  that  the  Clerks  of  Courts  are  removable.  In  the 
event  of  any  vacancy  in  the  office  of  Register  of  Wills,  said 
vacancy  shall  be  filled  by  the  Judges  of  the  Orphans’  Court 
in  which  such  vacancy  occurs,  until  the  next  general  election 
for  county  officers,  when  a  Register  shall  be  elected  to  serve 
for  six  years  thereafter. 

Part  YI. 

Justices  of  the  Peace. 

Sec.  47.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  such  number  of  Justices  of  the 
Peace,  and  the  County  Commissioners  of  the  several  counties, 
and  the  Mayor  and  City  Council  of  Baltimore,  shall  appoint 

95 


754 


such  number  of  Constables  for  the  several  election  districts  of 
the  counties  and  wards  of  the  City  of  Baltimore,  as  are  now 
or  may  hereafter  be  prescribed  by  law,  and  Justices  of  the 
Peace  and  Constables  so  appointed,  shall  be  subject  to  removal 
by  the  Judge  having  criminal  jurisdiction  in  the  county  or 
city,  for  incompetency,  willful  neglect  of  duty,  or  misdemea¬ 
nor  in  office,  on  conviction  in  a  Court  of  Law.  The  Justices 
of  the  Peace  and  Constables  so  appointed  and  commissioned, 
shall  be  conservators  of  the  peace,  shall  hold  their  office  for 
two  years,  and  shall  have  such  jurisdiction,  duties  and  com¬ 
pensation,  subject  to  such  right  of  appeal  in  all  cases,  from 
the  judgment  of  Justices  of  the  Peace,  as  hath  been  heretofore 
exercised,  or  shall  be  hereafter  prescribed  by  law. 

Sec.  48.  In  the  event  of  a  vacancy  in  the  office  of  a  Justice 
of  the  Peace,  the  Governor  shall  appoint  a  person  to  serve  as 
Justice  of  the  Peace  for  the  residue  of  the  term;  and  in  case  of 
a  vacancy  in  the  office  of  Constable,  the  County  Commission¬ 
ers  of  the  county  in  which  the  vacancy  occurs,  or  the  Mayor 
and  City  Council  of  Baltimore,  as  the  case  may  be,  shall 
appoint  a  person  to  serve  as  Constable  for  the  residue  of  the 
term. 

Part  VII. 

Sheriffs ,  &c. 

Sec.  49.  There  shall  be  elected  in  each  county  and  the  city 
of  Baltimore,  in  every  second  year,  one  person  resident  in  said 
county  or  city,  above  the  age  of  twenty-five  years,  and  at  least 
five  years  preceding  his  election  a  citizen  of  this  State,  to  the 
office  of  Sheriff.  He  shall  hold  his  office  for  two  years  and 
until  his  successor  is  duly  elected  and  qualified;  shall  be  in¬ 
eligible  for  two  years  thereafter  ;  shall  give  such  bond,  exer¬ 
cise  such  powers  and  perform  such  duties  as  now  are,  or  may 
hereafter  be  fixed  by  law.  In  case  of  a  vacancy  by  death, 
refusal  to  serve,  or  neglect  to  qualify,  or  give  bond,  by  dis¬ 
qualification,  or  removal  from  the  county,  or  city,  the  Gover¬ 
nor  shall  appoint  a  person  to  be  Sheriff  for  the  remainder  of 
the  official  term. 

Sec.  50.  Coroners,  Elisors  and  Notaries  Public,  may  be 
appointed  for  each  county  and  the  city  of  Baltimore,  in  the 
manner,  for  the  purposes,  and  with  the  powers  now  fixed,  or 
which  may  hereafter  be  prescribed  by  law. 

ARTICLE  V. 

ATTORNEY  GENERAL. 

Section  1.  There  shall  be  an  Attorney  General  elected  by 
the  qualified  voters  of  the  State,  on  general  ticket,  on  the 
Tuesday  next  after  the  first  Monday  in  the  month  of  Novem- 


ber,  in  the  year  eighteen  hundred  and  sixty  four,  ami  on  the 
same  day  in  every  fourth  year  thereafter,  who  shall  hold  1 
office  for  four  years  from  the  first  Monday  of  January  next 
ensuing  his  election,  and  until  his  successor  shall  be  elected 
and  qualified,  and  shall  be  re-elegible  thereto,  and  shall  be 
subject  to  removal  for  incompetency,  willful  neglect  of  du  y, 
or  misdemeanor  in  office,  on  conviction  m  a  Court  of  haw. 

Sec.  2.  All  elections  for  Attorney  General  shall  be  certified 
to,  and  returns  made  thereof  by  the  Clerks  of  the  Circuit 
Courts  for  the  several  counties,  and  the  Clerk  of  the  Superior 
Court  of  Baltimore  city,  to  the  Governor  of  the  State,  whose 
duty  it  shall  be  to  decide  upon  the  election  and  qualifications 
of  the  person  returned,  and  in  case  of  a  tie  between  two  01 
more  persons  to  designate  which  of  said  persons  shall  quality 
as  Attorney  General  and  to  administer  the  oath  of  ofhce  to 

the  person  elected. 

Sec.  3.  It  shall  be  the  duty  of  the  Attorney  General  to 
prosecute  and  defend,  on  the  part  of  the  State,  all  cases  wlucn 
at  the  time  of  his  election  and  qualification,  and  which  there¬ 
after  may  be  depending  in  the  Court  of  Appeals,  or  m  the 
Supreme  Court  of  the  United  States,  by  or  against  the  State, 
or  wherein  the  State  maybe  interested;  and  he  shall  give 
his  opinion  in  writing  whenever  required  by  the  General  As¬ 
sembly,  or  either  branch  thereof;  the  Governor  ;  the  Comp¬ 
troller  ;  the  Treasurer  ;  or  any  State’s  Attorney  on  any  mat¬ 
ter  or  subject  depending  before  them  ;  or  either  of  them,  anc 
when  required  by  the  Governor  or  the  General  Assembly,  he 
shall  aid  any  State’s  Attorney  in  prosecuting  any  suit,  or 
action  brought  by  the  State,  in  any  Court  of  this  State  and 
and  he  shall  commence  and  prosecute  or  defend  any  suit,  or 
action,  in  any  of  said  Courts,  on  the  part  of  the  State,  which 
the  General  Assembly  or.  the  Governor  acting  according  to 
law  shall  direct  to  be  commenced,  prosecuted,  or  defended 
and  'he  shall  receive  for  his  services  an  annual  salary  of 
twenty-five  hundred  dollars  ;  but  he  shall  not  be  entitled  to 
receive  any  fees,  perquisites,  or  rewards,  whatever,  m  addi¬ 
tion  to  the  salary  aforesaid,  for  the  performance  Or  any  official 
duty,  nor  have  power  to  appoint  any  agent,  representative, 
or  deputy,  under  any  circumstances  whatever. 

Sec.  4.  No  person  shall  be  elegible  to  office  of  Attorney 
General,  who  has  not  resided  and  practiced  law  in  this  State 
for  at  least  seven  years  next  preceding  his  election. 

Sec.  5.  In  case  of  vacancy  in  the  office  of  Attorney  General, 
occasioned  by  death,  resignation,  or  his  removal  from  the 
State,  or  his  conviction  as  hereinbefore  specified,  the  said 
vacancy  shall  be  filled  by  the  Governor  for  the  residue  ot  the 
term  thus  made  vacant. 


756 


Sec  6.  It  shall  be  the  duty  of  the  Clerk  of  the  Court  of 
Appeals  and  the  Commissioner  of  the  Land  Office,  respec- 
tively^whenever  aeaseshanhe  brought  into  said  Court"  or 
^];,H  ^ inch  the  State  is  a  party  or  has  an  interest,  im- 
ediately  to  notify  the  Attorney  General  thereof. 

THE  STATE’S  ATTORNEYS. 

Lee.  7.  There  shall  be  an  Attorney  for  the  State  in  esrh 

Attorney"”  d<7  n  falt;morf:  to  be  styled  “The  State’s 
Attorney ,  who  shall  be  elected  by  the  voters  thereof  re¬ 
spectively  on  the  Tuesday  next  after  the  first  Monday  in  the 
month  o.  November,  eighteen  hundred  and  sixty-seven,  and 
on  the  same  day  every  fourth  year  thereafter,  and  shall  hold 
his  office  for  four  years  from  the  first  Monday  in  January 
nex  ensuing  his  election,  and  until  his  successor  shall  be 
elected  and  qualified,  and  shall  be  re-eligible  thereto  and  be 
subject  to  removal  therefrom  for  incompetency,  willful  nedect 
duty  or  misdemeanor  in  office,  on  conviction  in  a  Court  of 

Sec  S.  All  elections  for  the  State’s  Attorney  shall  be  cer¬ 
tified  to,  and  returns  made  thereof  by  the  Clerks  of  the  said 
counties  and  city,  to  the  Judges  thereof  bavin-  criminal 
jui isolation  respectively,  whose  duty  it  shall  be  to  decide 
upon  the  elections  and  qualifications  of  the  persons  returned 
and  in  case  of  a  tie  between  two  or  more  persons,  to  desig¬ 
nate  whica. of  said  persons  shall  qualify  as  State’s  Attorney 
and  to  administer  the  oaths  of  office  to  the  persons  elected! 3  ’ 

Sec.  9.  The  State’s  Attorney  shall  perform  such  duties 

and  receive  such  fees  and  commissions  as  are  now  or  may  be 

hereafter  prescribed  by  law,  and  if  any  State’s  Attorney  shall 
receive  any  other  fee  or  reward  than  such  as  is,  or  may 
he  allowed  by  law,  he  shall  on  conviction  thereof  be  removed 

promded’  that  the  State’s  Attorney  for  Baltimore 
city  shall  have  power  to  appoint  one  Deputy  at  a  salary  nf 

not  more  than  fifteen  hundred  dollars  per  annum,  to  be  p^id 
j  ie  said  State  s  Attorney,  out  of  the  fees  of  his  office  as 

has  heretolore  been  practiced.  ’  ds 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of  State’s 
Attorney  who  has  not  been  admitted  to  practice  law  in  this 
State  and  who  has  not  resided  for  at  least  one  year  in  the 

county  or  city  in  which  he  may  be  elected. 

Sec.  11.  In  case  of  vacancy  in  the  office  of  State’s  Attorney 

or  of  his  removal  from  the  county  or  city  in  which  he  shall 

lave  been  elected,  or  on  his  conviction  as  herein  specified 
the  said  vacancy  shall  be  filled  by  the  Jud-e  of  the  co  mtv  m- 
City,  respectively,  having  criminal  jurisdiction  in  which 


I 


757 


3 ,Z“1  ■h*'1  f”  »“  »f  *1»  term 

ARTICLE  VI. 

TREASURY  DEPARTMENT 

JSsz.'cS&zss  ter  *•*  -h‘i> 

commencing  on  ,l„  ,'e.ond  W,£,“  t 

rtfta,  is  «  ? 

ISXtl  «V  *“  “  *>■«  ....  o  ?  “»,™,!Ltr 

faithful  perfo™.", V  on.S  j;f,  ’."‘"enoVo?  ‘"t 

laps  vs  Asr*?*  ,±£?£f ,£ 

s'&rss&S’c 

upon  the  discharge  of  the  duties  of  his  office  until  tho  pn  •  er 

rsr;^;r:s 

lepoit  estimates  of  the  revenue  and  expenditure  of  the  S tit 

dences.of  the  State  debt,  and  ooanS&  te 

which  such  evidences  shall  not  be  valid hTshT^W  n 
reports  of  all  his  proceedings,  and  of  the  state  o  the “wS 
Department  within  ten  days  after  the  commencement  Z  Tl 
session  of  the  General  Assembly,  and  perform  such  ot!  ^ 
duties  as  are  now  or  may  hereafter  be  prescribed  by  law/  ^ 

8ec.  4.  The  Treasurer  shall  be  elected  on  ioint  i 


758 


nn  Mnnnai  salary  of  twenty-five  hundred  dollars,  but 
receive  shall  he  receive  any  fees,  commiB- 

shall  not  be  above  ,  d  ^  a(ldition  thereto,  for  the 

sions  or  perquisites  of  <  j  j  He  shall  keep  his 

p«rf«™*r  .in?  e“mS  ,".s  s  t,i,.  ...k  «fk' 

ohl'e  ^  .  uf  bond  for  the  fathful  discharge  of  his  duty  as 
enter  into >  such bon  scribed  by  law.  A  vacancy  in 

arenorv,  or -  m*!  “®1®  gl4u  be  filled  by  the  Governor  for 

the  office  ■  ^  The  Q-eneral  Assembly  at  its  first 

the  resid  adoption  of  this  Constition,  shall  elect  a 

session  after  the  a  I  tben  elected  shall  not  enter 

TrraSa  of  the  duties  of  his  office,  until  the  expi- 

Su  of  the  term  of  the  present  incumbent,  unless  the  said 

office  shall  sooner  become  vacant. 

o  e  The  treasurer  shall  receive  and  keep  the  moneys  o 

+v  anddislnirse  the  same  upon  warrants  drawn  by  the 

r  nfntroller  and  not  otherwise,  he  shall  take  receipts  for  all 
Comptroll  _  ,  al|  receipts  for  moneys  paid  hy  him 

^°li  be  endorsed  upon  warrants  signed  by  the  Comptroller 
money  received  in  rvmT1troller  he  shall  make  arrange- 

warrants  issued  hy^the  Co-pGoller  ^  deb  d 

~  ars&J  S£&  St 

EVeiy  on  ,  ^  p  the  Treasurer  and  countersigned  by 

^  PornSroller1’  and  no  new  certificate  or  other  evidence 

\6  to  replace  another  shall  be  issued,  until  the  old  one 

Tyfll  be  delivered  to  the  Treasurer,  and  authority  executed  in 
shall  be  del  vere  the  same  shall  be  filed  in  his  office 

dU1  krmtihfer  “dinglv  made  on  the  books  thereof,  and 
\nd  t-S  b  other  evidence  cancelled,  but  the  General 

f“  «“ >“  -  “ 

other  evidence  ot  the  debt. 

Q  e  mbp  Treasurer  shall  render  his  accounts  quarterly 
+  S®°-  AJSOTon  the  third  day  of  each  regular  ses¬ 
sion  o/the  General  Assembly,  he  shall  submit  to  the  Senate 

m„.,seof  Delegates,  fair  and  accurate  copies  of  all  accounts 
and  House  otueiega  ^  rendered  and  settled  with  the  Cornp- 

Soller1’  He  shall  at  all  times  submit  to  the  Comptroller  the 
.1  /.  rnonevs  in  his  hands,  and  perform  all  other 

iSw-r::, b. 

ARTICLE  VII. 

SUNDRY  OFFICERS. 

Section  1  The  Governor,  the  Comptroller  of  the  Treasnryj 
and  the  Treasurer,  shall  constitute  the  Board  of  Publ.c  Works 


759 


m  this  State  ;  they  shall  keep  a  journal  of  their  proceedings 

thedfi,h8t  WerwTU  ar/f  Si0DS  tlle  city  of  Anatolis  on 

eLh  vea,  and  nf5  .'£anuar*  APril«  Jnly  and  October  in 
V,!!  ’  1  ,  ff  er-  lf  necessary,  at  which  sessions  they 

shall  hear  and  determine  such  matters  as  affect  the  Public 

Works  of  the  State,  and  as  the  General  Assembly  may  confer 
upon  them  the  power  to  decide. 

sioneof  all  Pnbl’if a11  feroise,a  dilipnt  and  faithful  supervi- 
sion  of  all  I  ublxc  w  orks  in  which  the  State  may  be  interested 

as  stockholder  or  creditor,  and  shall  appoint  the  directors  in 

every  railroad  or  canal  company  in  which  the  State  has  the 

relres^ntThe  State01"*  h"”*01?’  whioh  said  directors  shall 
1  esent  the  State  m  all  meetings  of  the  stockholders  of 

every  railroad  or  canal  company  in  which  the  State  is  a  stock- 

i  oldei  ,  they  snail  require  the  directors  of  all  said  Public 

Works,  from  time  to  time,  and  as  often  as  there  shall  be 

said  BoardVfVnhr  &W  °f  toU  0Ii  a^°f  8aid  works  to  furnish 
sa  d  i5°aid  of  Public  Works  a  schedule  of  such  modified  rates 

o  oil,  and  shall  use  all  legal  powers  which  they  mar  possess 

to  obtain  the  establishment  of  rates  of  toll,  which  may  prevent 

an  injurious  competition  with  each  other/to  the  detriment  of 

the  interests  of  the  State,  and  so  to  adjust  them  as  to  promote 

the  agricultural  interest  of  the  State  ;  they  shall  report  to  the 

General  Assembly  at  each  regular  ’session,  and  recommend 

such  legislation  as  they  shall  deem  necessary  and  requisite  to 

promote  or  protect  the  interests  of  the  State  in  the  said  Public 

Works ;  they  shall  perform  such  other  duties  as  may  be 

comn»tentPteSCrtlbedmP  n  W’  and’a  maj°rity  ot>  them  shall  be 
c  mpetent  to  act.  The  Governor,  Comptroller  and  Treasurer 

shall  receive  no  additional  salary  for  services  rendered  by 

them  as  members  of  the  Board  of  Public  Works. 

Sec  3  There  shall  be  a  Commissioner  of  the  Land  Office 
elected  by  the  qualified  voters  of  the  State,  on  the  Tuesday 
next  after  the  first  Monday  in  the  month  of  November,  in  the 
year  eighteen  hundred  and  seventy,  and  on  the  same  day  in 
every  sixth  year  thereafter,  who  shall  hold  his  office  for '  the 
term  of  six  years  from  the  first  Monday  in  January  ensuin ° 
his  election;  the  returns  of  said  election  shall  be  made  to  the 
Goveinoi ,  and  in  the  event  of  a  tie  between  two  or  more  can 
didates  the  Governor  shall  direct  a  new  election  to  be  held 

hf  iTVif  t0  t  le  ^eriffs  of  the  several  counties  and  of  the  city 
of  Baltimore,  who  shall  hold  said  election  after  at  least  tweffiy 
i.ays  notice,  exclusive  of  the  day  of  election  ;  he  shall  pei- 

theTand  Off? aS  are1Q°W  re1n'[ed  of  the  Commissioner  of 
the  Land  Office,  or  such  as  may  hereafter  be  prescribed  by 

law  and  shall  also  be  the  Keeper  of  the  Chancery  Records^ 

le  shall  receive  a  salary  of  two  thousand  dollars  per  annum’ 


to  be  paid  out  of  the  Treasury,  and  shall  charge  such  fees  as 
are  now  or  may  be  hereafter  fixed  by  law  ;  he  shall  mate  a 
semi-annual  report  of  all  the  fees  of  his  office  both  as  Com¬ 
missioner  of  the  Laud  Office,  and  as  keeper  of  the  Chancery 
Records,  to  the  Comptroller  of  the  Treasury,  and  shall  pay 
the  same  semi-annually  into  the  Treasury  ;  nr  case  oi  vacancy 
in  said  office  by  death,  resignation  or  other  cause,  the  gover¬ 
nor  shall  fill  such  vacancy  until  the  next  general  election  for 
Members  of  the  General  Assembly  thereafter,  when  a  Com¬ 
missioner  of  the  Land  Office  shall  be  elected  tor  the  lull  term 

of  six  }rears  ensuing. 

Sec  4.  The  State  Librarian  shall  be  elected  by  joint  vote 
of  the  two  branches  of  the  General  Assembly  tor  four  years, 
and  until  his  successsr  shall  be  elected  and  qualified  ,  his 
salrrv  shall  be  fifteen  hundred  dollars  per  annum,  and  the 
General  Assembly  shall  pass  no  law  whereby  he  shall  receive 
any  additional  compensation;  he  shall  perform  such  duties  as 
am  now  or  may  hereafter  be  prescribed  by  law  ;  in  case  of  a 
vacancy  in  the  office  ofState  Librarian  from  death,  resigna¬ 
tion  or  other  cause  the  Governor  shall  fill  such  vacancy  until 
the  next  meeting  of  the  General  Assembly  thereafter,  and 
until  a  successor  be  elected  and  qualified. 

q„„  k  The  County  Commissioners  shall  be  elected,  on  gen¬ 
eral  ticket,  by  the  qualified  voters  of  the  several  counties  in 
this  State ;  an  election  for  County  Commissioners  shall  e 
held  on  the  Tuesday  next  after  the  first  Monday  in  the  month 
of  November  eighteen  hundred  and  sixty-five  and  as  nearly 
one  half  as  may  be  of  said  commissioners  shall  hold  t.ien  of 
flee  for  two  years,  and  the  other  halt  for  lour  years  ;  at  1 
first  meeting  after  their  election  and  qualification  or  as  soon 
thereafter  as  practicable  the  said  commissioners  shall  deter¬ 
mine  by  lot,  which  of  their  number  shall  hold  office  for  two 
and  four  years  respectively;  and  thereafter  there  shall  be 
elected  as  aforesaid,  at  each  general  election  tor  County  >ffi 
cers  County  Commissioners  for  four  years  to  fill  the  places  of 
those  whose  term  has  expired.  The  said  Commissioners  shall 
exercise  such  powers  and  perform  such  duties,  which  shall  be 
similar  thoughout  the  State,  as  are  now  or  may  hereafter  be 
"escribed  by  law.  Their  number  in  each  county,  ana  then 
compensation,  their  powers  and  duties,  may  at  any  time 
hereafter  be  changed  and  regulated  by  the  General  Assembly. 

Sec.  6.  The  General  Assembly  shall  provide  by  law  for  the 
appointment  of  Road  Supervisors  in  the  several  counties  by 
the  County  Commissioners,  and  the  number  of  said  Supervi¬ 
sors  as  well  as  their  powers  and  duties  in  the  several  election 
districts  in  the  several  counties  shall  be  determined  ly  ie 
said  County  Commissioners. 


761 


8ee.  7.  The  qualified  voters  of  each  county  and  of  the  city 
ot  Baltimore  shall  on  the  Tuesday  next  after  the  first  Monday 
in  the  month  of  November  in  the  year  eighteen  hundred  and 
sixty-five,  and  every  two  years  thereafter  elect  a  Surveyor  for 
the  counties  and  the  city  of  Baltimore  respectively,  whose 
term  of  office  shall  commence  on  the  first  Monday  of  January 
next  ensuing  their  election,  and  whose  duties  and  compensa¬ 
tion  shall  be  the  same  as  are  now  or  may  hereafter  be  pre¬ 
scribed  by  law.  Any  vacancy  in  the  office  of  Surveyor  shall 
he  filled  by  the  Commissioners  of  the  counties,  or  by  the  May¬ 
or  and  City  Council  of  Baltimore  respectively,  for  the  residue 
of  the  term. 

Sec.  8.  The  qualified  voters  of  Worcester  county  shall  on 
the  Tuesday  next  after  the  first  Monday  in  the  month  of  No¬ 
vember,  in  the  year  eighteen  hundred  and  sixty-five,  and 
every  two  years  thereafter;  elect  a  Wreck  Master  for  said 
county,  whose  duties  and  compensation  shall  he  the  same  as 
are  now  or  may  he  hereafter  prescribed  by  law;  the  term  of 
office  of  said  Wreck  Master  shall  commence  on  the  first  Mon¬ 
day  of  Jannaay  next  succeeding  his  election,  and  a  vacancy 
in  said  office  shall  be  filled  by  the  County  Commissioners  of 
said  county  for  the  residue  of  the  term.  • 

Sec.  9.  The  General  Assembly  may  provide  by  law  for  the 
election  or  appointment  of  such  other  officers  as  may  be  re¬ 
quired  and  are  not  herein  provided  for,  and  prescribe  their 
tenure  of  office  powers  and  duties. 

ARTICLE  VIII. 

EDUCATION. 

Section  1.  The  Governor  shall,  within  thirty  days  after  the 
ratification,  by  the  people,  of  this  Constitution,  appoint,  sub¬ 
ject  to  the  confirmation  of  the  Senate,  at  its  first  session  there¬ 
after,  a  State  Superintendent  of  Public  Instruction,  who  shall 
hold  his  office  for  four  years,  and  until  his  successor  shall 
have  been  appointed  and  shall  have  qualified.  He  shall  re¬ 
ceive  an  annual  salary  of  twenty-fiveJhundred  dollars,  and 
such  additional  sum  for  traveling  and  incidental  expenses  at 
the  General  Assembly  may  by  law  allow;  shall  report  to  the 
General  Assembly  within  thirty  days  after  the  commence¬ 
ment  of  its  first  session  under  this  Constitution,  a  uniform 
system  of  free  public  schools,  and  shall  perform  such  other 
duties  pertaining  to  his  office,  as  may  from  time  to  time  be 
prescribed  by  law. 

Sec.  2.  There  shall  be  a  State  Board  of  Education,  con¬ 
sisting  of  the  Governor,  the  Lieutenant  Governor,  the  Speak¬ 
er  of  the  House  of  Delegates,  and  the  State  Superintendent  of 

96 


762 


/ 


Public  Instruction,  which  Board  shall  perform  such  duties  as 
the  General  Assembly  may  direct. 

Sec.  3.  There  shall  be  in  each  county  such  number  of 
School  Commissioners,  as  the  State  Superintendent  of  Public 
Instruction  shall  deem  necessary,  who  shall  be  appointed  by 
the  State  Board  of  Education,  shall  hold  office  for  four  years, 
and  shall  perform  such  duties  and  receive  such  compensation 
as  the  General  Assembly  or  State  Superintendent  may  direct; 
the  School  Commissioners  of  Baltimore  city  shall  remain  as  at 
present  constituted,  and  shall  be  appointed,  as  at  present,  by 
the  Mayor  and  City  Council,  subject  to  such  alterations  and 
amendments  as  njav  be  made  from  time  to  time  by  the  Gen¬ 
eral  Assembly  or  the  said  Mayor  and  City  Council. 

Sec.  4.  The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  Constitution,  shall  provide  a  uniform  system 
of  free  public  schools;  by  which  a  school  shall  be  kept  open 
and  supported,  free  of  expense  for  tuition  in  each  school  dis¬ 
trict,  for  at  least  six  months  in  each  year;  and  in  case  of  a 
failure  on  the  part  of  the  General  Assembly  so  to  provide,  the 
system  reported  to  it  by  the  State  Superintendent  of  Public 
Instruction  shall  become  the  system  of  free  Public  Schools  of 
the  State;  provided ,  that  the  report  of  the  State  Superinten¬ 
dent  shall  be  in  conformity  with  the  provisions  of  this  Con¬ 
stitution,  and  such  system  shall  be  subject  to  such  alterations 
conformable  to  this  article,  as  the  General  Assembly  may 
from  time  to  time  enact. 

Sec.  5.  The  General  Assembly  shall  levy  at  each  regular 
session  after  the  adoption  of  this  Constitution,  an  annual  tax 
of  not  less  than  ten  cents  on  each  one  hundred  dollars  of  taxa¬ 
ble  property  throughout  the  State,  for  the  support  of  the  free 
public  schools,  which  tax  shall  be  collected  at  the  same  time, 
and  by  the  same  agents  as  the  general  State  levy;  and  shall 
be  paid  into  the  Treasury  of  the  State,  and  shall  be  distribu¬ 
ted  under  such  regulations  as  may  be  prescribed  by  law, 
among  the  counties  and  the  city  of  Baltimore,  in  proportion  to 
their  respective  population,  between  the  ages  of  five  and  twen¬ 
ty  years;  provided ,  that  the  General  Assembly  shall  not  levy 
any  additional  school  tax  upon  particular  counties,  unless 
such  county  express  by  popular  vote  its  desire  for  such  tax; 
the  city  of  Baltimore  shall  provide  for  its  additional  school 
tax  as  at  present,  or  as  may  hereafter  be  provided  by  the 
General  Assembly,  or  by  the  Mayor  and  City  Council  of  Bal¬ 
timore. 

Sec.  6.  The  General  Assembly  shall  further  provide  by 
law,  at  its  first  session  after  the  adoption  of  this  Constitution, 
a  fund  for  the  support  of  the  free  public  schools  of  the  State, 


763 


by  the  imposition  of  an  annual  tax  of  not  less  than  five  cents 
on  each  one  hundred  dollars  of  taxable  property  throughout 
the  State,  the  proceeds  of  which  tax  shall  be  known  as  the 
Public  School  fund,  and  shall  be  invested  by  the  Treasurer, 
together  with  its  annual  interest,  until  such  time  as  said  fund 
shall,  by  its  own  increase  and  any  additions  which  may  be 
made  to  it  from  time  to  time,  together  with  the  present  school 
fund,  amount  to  six  millions  of  dollars,  when  the  tax  of  ten 
cents  on  the  hundred  dollars,  authorised  by  the  preceding  sec¬ 
tion,  may  be  discontinued  in  whole  or  in  part,  as  the  General 
n  Assembly  may  direct,  the  principal  fund  of  six  millions  here¬ 
by  provided  shall  remain  forever  inviolate  as  the  free  public 
school  fund  of  the  State,  and  the  annual  interest  of  said  school 
fund  shall  be  disbursed  for  educational  purposes  only,  as  may 
be  prescribed  by  law. 

-  / 

ARTICLE  IX. 

MILITIA  AND  MILITARY  AFFAIRS. 

* 

Section  1.  The  Militia  shall  be  composed  of  all  able  bodied 
male  citizens  residents  of  this  State,  being  eighteen  years  of 
age,  and  under  the  age  of  forty-five  years,  who  shall  be  en¬ 
rolled  in  the  Militia,  and  perform  military  duty  in  such  man¬ 
ner,  not  incompatible  with  the  Constitution  and  Laws  of  the 
United  States,  as  may  be  prescribed  by  the  General  Assembly 
of  Maryland,  but  persons  whose  religious  opinions  and  con¬ 
scientious  scruples  forbid  them  to  bear  arms,  shall  be  relieved 
from  doing  so,  on  producing  to  the  proper  authorities  satis¬ 
factory  proof  that  they  are  thus  conscientious. 

Sec.  2.  The  General  Assembly  shqll  provide  at  its  first 
session  after  the  adoption  of  this  Constitution  ,  and  from  time 
to  time  thereafter,  as  the  exigency  may  require,  for  organ¬ 
izing,  equipping  and  diciplining  the  Militia  in  such  manner 
not  incompatible  with  the  laws  of  the  United  States,  as  shall 
be  most  effective  to  repel  invasion  and  suppress  insurrection, 
and  shall  pass  such  laws  as  shall  promote  the  formation  of 
volunteer  Militia  associations  in  the  city  of  Baltimore  and  in 
every  county  and  to  secure  them  such  privileges  or  assistance 
as  may  afford  them  effectual  encouragement. 

Sec.  3.  There  shall  be  an  Adjutant  General,  who  shall  be 
appointed  by  the  Governor,  by  and  with  the  advice  and  con¬ 
sent  of  the  Senate.  He  shall  hold  his  office  at  the  pleasure 
of  the  Governor  :  shall  perform  such  duties,  and  shall  receive 
such  compensation  or  emoluments  as  are  now  or  may  be  here¬ 
after  fixed  by  law. 


7G4 


ARTICLE  X. 

COUNTIES  AND  TOWNSHIPS. 

Section  1.  The  General  Assembly  may  provide  for  organ¬ 
izing  new  counties,  locating  and  removing  county  seats,  and 
changing  county  lines,  but  no  new  county  shall  be  organized 
without  the  consent  of  a  majority  of  the  legal  voters  residing 
within  the  limits  about  to  form  said  county,  nor  shall  the 
lines  of  any  county  be  changed,  without  the  consent  of  a  ma¬ 
jority  of  the  legal  voters  residing  within  the  limits  of  the 
lines  proposed  to  be  changed,  nor  shall  any  new  county  con-  . 
tain  less  than  four  hundred  square  miles,  nor  less  than  ten 
thousand  white  inhabitants,  nor  shall  any  county  be  reduced 
below  that  amount  of  square  miles,  nor  below  that  number 
of  white  inhabitants. 

Sec.  2.  The  General  Assembly  shall  provide,  by  general 
law,  for  dividing  the  counties  into  townships  or  permanent 
municipal  corporations,  in  place  of  the  existing  election  dis¬ 
tricts  prescribing  their  limits  and  confiding  to  them  all  pow¬ 
ers  necessary  for  the  management  of  their  public  local  con¬ 
cerns  ;  and  whenever  the  organization  of  these  township  cor¬ 
porations  shall  be  perfected,  all  officers  provided  for  in  this 
Constitution,  but  whose  official  functions  shall  have  been 
superseded  by  such  organizations,  shall  be  dispensed  with, 
and  the  affairs  of  such  townships  and  of  the  counties  as  af¬ 
fected  by  the  action  of  such  townships  shall  be  transacted  in 
such  manner  as  the  General  Assembly  shall  direct. 

ARTICLE  XI. 

AMENDMENTS  OF  THE  CONSTITUTION. 

Section  1.  The  General  Assembly  may  propose  any  amend¬ 
ment  or  amendments  to  this  Constitution  which  shall  be 
agreed  to  by  three  fifths  of  all  the  members  elected  to  both 
houses.  Such  proposed  amendment  or  amendments  with  the 
yeas  and  nays  thereon,  shall  be  entered  on  the  Journal  of 
each  house  ;  shall  be  printed  with  the  Laws  passed  at  the 
same  session,  and  shall  be  published,  by  order  of  the  Gover¬ 
nor,  in  all  the  newspapers  printed  in  the  different  counties 
of  this  State,  and  in  three  newspapers  printed  in  the  city  of 
Baltimore  (one  of  which  shall  be  printed  in  the  German  lan¬ 
guage,)  for  at  least  three  months  preceding  the  next  election 
for  members  of  the  General  Assembly,  at  which  election  the 
said  proposed  amendment  or  amendments  shall  be  submitted 
to  the  qualified  Electors  of  the  State  for  their  confirmation  or 
rejection,  and  if  it  shall  appear,  to  the  satisfaction  of  the 
Governor,  from  the  returns  of  said  election  made  to  him  by 
the  proper  authorities,  that  a  majority  of  the  qualified  votes 
cast  at  said  election  on  the  proposed  amendment  or  amend- 


765 


• 

ments  weie  in  favor  of  the  said  j)roposed  amendment  or 
amendments,  he  shall,  by  proclamation,  declare  said  amend- 

St  0rw^endrme“tS  fc0  be  part  of  the  Constitution  of'  this 

by  the  rvien  ,?  °r  “ore  amendments  shall  be  submitted 

Sr Jl  S\V  1  ATmbly  *°  the  1ualified  Electors  of  the 
elate  at  the  same  election,  they  shall  be  so  submitted  that 

^Electors  may  vote  for  or  against  each  amendment  sep 

Sec.  2.  Whenever  two-thirds  of  the  members  elected  to 

to  caU  rConvrn  H  f 6 t6ral  Asseulb1^  sha11  think  it  necessary 
t  )  caii  a  Convention  to  revise,  amend  or  change  this  CWt; 

tut, on  they  shall  recommend  to  the  electors 'to  vote  at  he 

next  election  for  members  of  the  General  Assent  v  for  or 

against  a  Convention  :  and  if  a  majority  of  all  the  electors 

voting  at  said  election  shall  have  voted  for  a  Convention 

l  w?en!rn  As!frably  sha11’  at  their  next  session,  provide  bv 
oi  calling  the  same.  The  Convention  shall  consist  of  as 

CnAl7  f6TberS  a-S  b  1th  houses  of  the  General  Assemble’'  who 
snail  he  chosen  in  the  same  manner  and  shall  meet  "within 

three  months  after  their  election,  for  the  purpose Xeslid 

Sec.  3  At  the  general  election  to  be  held  in  the  year  one 

t  eth  vear  7  n,?ndr°d  and  eighty-two,  and  in  each  twen- 
t  on  Ur  ,-hereau  r’  tbe  1uestl0n  “shall  there  be  a  Conven- 
'  (vise,  alter  or  amend  the  Constitution  P”  shall  I, , . 
submitted  to  the  electors  of  the  Slate  ;  and  in  case  a  majority 
o,  ail  ,  hc  electors  voting  at  such  election,  shall  decide  inJfkvor 
a  Convention,  the  General  Assembly,  at  its  next  session 
s.i.1,1  piovide  by  law,  for  the  election  of  delegates  anrt  n 
assembling  of  such  Convention,  as  is  provided  "in  the  preced  ' 
g  ^ectmn  ,  but  no  amendment  of  this  Constitution,  agreed 

article  Ihaa7t  VOnT  !0n  af®mbled  in  Pursuance  of5  this 

ai  tide,  shall  take  effect  until  the  same  shall  have  been  sub 
7lhose  vo^fth^on.'  **  ^  ^  by  a  Majority’ 

ARTICLE  XII. 

SCHEDULE. 

Section  1  Every  person  holding  any  office  created  bv  nr 
exist, ng  under  the  Constitution  or  Laws  of  the  State  the 
entire  amount  of  whose  pay  or  compensation  received  for  the 
discharge  of  his  official  duties,  shall  exceed  the  yearly  sum 
ol  three  thousand  dollars,  except  wherein  otherwise  provided 
by  tins  Constitution,  shall  keep  a  book,  in  which  shall  be 
entered  every  sum  or  sums  of  money  received  bv  him  or  on 

<lClT,oll!it’.  as  a  payment  or  compensation  for  his  perform 
ance  of  official  duties,  a  copy  of  which  entries  in  said  book 
verified  by  trie  oath  of  the  officer  by  whom  it  is  directed  to  be 


766 


kept,  shall  be  returned  yearly  to  the  Comptroller  of  the  State, 
for  his  inspection  and  that  of  the  General  Assembly  of  the  • 
State,  and  each  of  said  officers,  when  the  amount  received  by 
him  for  the  year  shall  exceed  three  thousand  dollars,  shall 
veavly  pay  over  to  the  Treasurer  of  the  State  the  amount  of 
such  excess  bv  him  received,  subject  to  such  disposition  there¬ 
of  as  the  General  Assembly  may  direct.  Any  such  officer 
failing  to  comply  with  this  requisition,  shall  be  deemed  to 

have  vacated  his  office,  and  he  subject  to  suit  by  the  State, 
for  the  amount  that  ought  to  he  paid  into  the  Treasury. 

Sec  2.  The  several  Courts,  except  as  herein  otherwise  pro¬ 
vided  shall  continue  with  like  powers  and  jurisdiction  bot.i 
II  law  and  in  equity,  as  if  this  Constitution  had  not  been 
adopted,  and  until  the  organization  of  the  Judicial  Depait- 
ineot  provided  by  this  Constitution. 

3  If  at  any  election  directed  by  this  Constitution, 
anv  two  or  more  candidates  shall  have  the  highest  and  an 
equal  number  of  votes,  a  new  election  shall  be  ordered,  ex¬ 
cept  in  cases  specially  provided  for  by  this  Constitution. 

Sec.  4.  In  the  trial  of  all  criminal  cases,  the  Jury  shall  be 
the  judges  of  law  as  well  as  fact. 

Sec  5  The  trial  by  jury  of  all  issues  ot  fact,  in  civil  pro¬ 
ceedings',  in  the  several  Courts  of  law  in  this  State  where 
the  amount  in  controversy  exceeds  the  sum  of  five  dollars, 

shall  be  inviolably  preserved. 

Sec  6  All  officers,  civil  and  military,  now  holding  office, 
whether' by  election  or  appointment  under  the  State,  shall 
continue  to  hold  and  exercise  their  offices  according  to  then 
present  tenure,  unless  otherwise  provided  in  t.us  Constitu¬ 
tion  until  they  shall  be  superseded  pursuant  to  its  provisions, 
and  until  their  successors  be  duly  qualified  ;  and  the  com¬ 
pensation  of  such  officers  which  has  been  increased  hy  this 
Constitution,  shall  take  effect  from  the  first  day  of  January, 
eighteen  hundred  and  sixty-five. 

Sec.  7.  General  elections  shall  be  held  throughout  the 
State,  on  the  Tuesday  next  after  the  first  Monday  in  le 
month  of  November  of  each  and  every  year.  At  the  election 
held  in  the  year  eighteen  hundred  and  sixty-four,  all  State 
officers  required  to  be  elected  under  this  Constitution  during 
that  year  shall  he  elected,  and  in  like  manner  in  every  second 
year  thereafter  an  election  shall  be  held  for  those  State  officei  s 
'whose  terms  are  about  to  expire.  At  the  election  held  in  the 
Vear  eighteen  hundred  and  sixty-five,  all  county  officers  re- 
miired  to  be  elected  under  this  Constitution,  in  that  yeai, 
shall  he  elected,  and  in  like  manner,  in  every  second  yeai 


767 


thereafter,  an  election  shall  be  held  for  those  county  officers 
whose  term  are  about  to  expire;  provided,  howlveT the 
Judges  of  the  several  Courts  of  this  State,  (except  the  Judges 
of  the  Orphans  Courts,)  shall  be  elected  at  the  regular  elec¬ 
tion,  whether  tor  State  or  county  officers,  as  the  case  may  be 
immediately  preceding  the  expiration  of  the  term  of  the  in’ 
cum  bent  whose  place  is  to  be  filled.  * 

VOTE  ON  THE  CONSTITUTION. 

neonU  %  t^1'  Qw  p.uri)0se  °f  ascertaining  the  sense  of  the 
people  01  this  State  m  regard  to  the  adoption  or  rejection  of 

P°nstitution,  the  Governor  shall  issue  his  proclamation 

directed  to  tlTsi/^V “f  Uj°"rnment  °f  Convention,’ 
She. /ft-  16  S  ^  °f  the  Clty  of  Baltimore,  and  to  the 
She iiffi  of  the  several  counties  of  this  State,  commanding 

them  to  give  notice  in  the  manner  now  prescribed  l.„  B 

twelfth  held  in  the  city  of  Baltimore  on  the 

twelfth  day  of  October,  in  the  year  eighteen  hundred  and 

sixty-four  and  in  the  several  counties  of  this  State  on  the 

twelfth  and  thirteenth  days  of  October  in  the  same  bar  at 

fov  th  1  plf-ces  of  holding  elections  in  said  city  and  counties 

ffin  bh11l1"PTni  reJ,ection  of  ‘his  Constitution,  which  elec- 
V  shall  oe  held  in  the  said  city  of  Baltimore  on  the  twelfth 

day  of  October,  eighteen  hundred  and  sixty-fou  helweeS 
S  ?n°"h  °f  e'fht  °’cl?ck’  A-  M->  and  five  o’clock,  P  M 

ana  in  the  said  several  counties  of  thfq  hi  * 

Iwlft],  aud  thirteenth  day,  „f  Oetober,  eighteen  'hundred  “j 

K  £bS,“  "-  l>rre  .f  eight  o’cloek,  A  if)  “I 

of  ft  f .1  ’  F"  ,  ’  and  ‘he  Judges  of  election  of  said  citv 

and  of  the  several  counties  of  the  State,  shall  receive  at  said 

f  ®Ct/°^ithe  T0t?8.°nly  of  such  electors  as  are  qualified  accord 
n  to  .he  provisions  of  this  Constitution,  who  may  offer  to 
vote  at  such  election,  and  the  said  Sheriffs  shall  also  < ;/! 
notice,  on  or  after  the  twelfth  clay  of  October,  eighteen  him 
dred  and  sixty-four,  for  all  elections  provided  for  bv  thk  rv 
stitution,  to  be  held  during  that  year  7  °0U' 

Sec.  9.  At  the  said  election  the  vote  shall  be  hvhniw  j 
each  ballot  shall  describe  thereon  the  words  ‘  ‘for  the  ConTtf 
tutron,  or  against  the  Constitution,”  as  the  voter  m  X 

elefti’onfof  this  sfaete0ndUOted  al]  respects  as  tbe  general 
;!°ns  f;hls  state  are  now  conducted.  The  Jud<w 

®’et°htl0“  8ha11  administer  to  every  person  offering  to  vote  the 

shmild  anv  nem  °n-  preSCribed  bJ  this  Constitution  a  d 
snoulcl  any  person  offering  to  vote  refuse  nr  ft0„i;„„  , 

said  oath,  he  shall  not  be  permitted  to  vote  at  such  election8 

^holuni™1  "  01  ^ennea 

•nd  it  shall  be  the  duty  of  the  return  JudU  of°,aM  “t); 


768 


and  of  the  several  counties  of  the  State*  having  counted. the 
votes  ffiven  for  or  against  the  adoption  of  this  Constitution, 
to  certify  the  result  thereof  in  the  manner  now  prescribed  by 
law,  accompanied  with  a  special  statement,  tnat  every  per¬ 
son  who  has  voted,  has  taken  the  oath  or  affirmation  pre¬ 
scribed  by  this  Constitution  ;  and  the  Governor,  upon  receiv¬ 
ing  such  result,  and  ascertaining  the  aggregate  vote  through¬ 
out  the  State,  including  the  soldier's  vote  hereinafter  provi¬ 
ded  for,  shall  by  his  proclamation  make  known  the  same, 
and  if  a  majority  of  the  votes  cast  shall  be  for  the  adoption 
of  this  Constitution,  it  shall  go  into  effect  on  the  first  day  of 
November,  eighteen  hundred  and  sixty-four. 

Sec.  10.  And  the  Governor  shall  exclude  from  count  the 
votes  of  any  county  or  city,  the  return  judges  of  which  shall 
fail  to  certify  in  the  returns,  as  provided  by  this  Schedule, 
that  all  persons  who  have  voted  have  taken  the  oath  prescrib¬ 
ed  to  be  taken,  unless  the  Governor  shall  be  satisfied  that 
such  oath  was  actually  administered,  and  that  the  failure  to 
make  the  certificate  has  been  from  inadvertence  or  mistake. 

SOLDIERS’  VOTE. 

Sec  11  Any  qualified  voter  of  this  State, -who  shall  be 
absent  from  the  county  or  city  of  his  residence  by  reason  ox 
bein^  in  the  military  service  of  the  United  States  so  as  not  to 
be  able  to  vote  at  home,  on  the  adoption,  or  rejection  ot  this 
Constitution,  or  for  all  State  officers  elected  on  general  ticket, 
and  for  Presidential  electors,  and  for  Members  of  Congress,  at 
the  election  to  be  held  on  the  Tuesday  next  after  the  firs 
Monday  in  the  month  of  November,  eighteen  hundred  and 
sixty-four,  shall  be  entitled  to  vote  at  such  elections  as  ioIIows: 
A  poll  shall  be  opened  in  each  Company  of  every  Maryland 
Regiment  in  the  service  of  the  United  States,  or  of  this  Stai,e, 
on  the  day  appointed  by  this  Convention  for  taking  the  vote 
on  the  new  Constitution,  or  on  some  day  not  more  than  five 
days  thereafter  at  the  quarters  of  the  commanding  officer 
thereof,  and  voters  of  this  State  belonging  to  such  Company 
who  shall  be  within  ten  miles  of  such  quarters  on  the  day  of 
election,  may  vote  at  such  poll ;  the  polls  shall  be  opened  at 
eight  o’clock,  A.  M.,  and  close  at  six  o  clock,  P.  M.;  the 
commissioned  officers  of  such  Company,  or  such  ot  them  as 
are  present  at  the  opening  of  the  polls  shall  act  as  Judges, 
and  any  one  officer  shall  be  competent  so  to  act,  and  it  no 
officer  be  present,  then  the  voters  in  such  Company  present, 
shall  elect  two  of  the  voters  present  to  act  as  Judges  of  the 
election;  before  any  votes  are  received,  each  of  the  Judges 
shall  take  an  oath,  or  affirmation,  that  he  will  perform  the 
duties  of  Judge  according  to  law,  will  prevent  fraud  and 
observe  and  make  proper  return  thereof,  and  such  oath  the 


769 


Judges  may  administer  to  each  other)  the  election  shall  be  by 
ballot,  and  any  voter  may  vote  either  “for  the  Constitution  ” 
or  “against  the  Constitution.” 

Sec.  12.  Any  qualified  voter  of  this  State  who  shall  be 
absent  from  the  city,  or  county  of  his  residence  on  the  day  for 
taking  the  vote  on  the  adoption  or  rejection  of  this  Copstitu- 
tion  by  reason  of  his  being  in  the  military  service  of  the  United 
States,  but  shall  be  at  some  hospital,  or  military  post,  or  on 
duty  within  this  State,  and  not  with  his  Company,  may  vote 
at  the  nearest  polls  to  such  place  on  satisfying  the  Judges 
that  he  is  a  legal  and  qualified  voter  of  this  State. 

Sec.  13.  The  Judges  may  swear  any  one  offering  to  vote  as 
to  his  being  a  legal  voter  of  this  State.  The  Judges  shall 
take  down  on  a  poll  book,  or  list,  the  names  of  all  the  voters, 
as  their  votes  are  taken,  and  the  tickets  shall  be  placed  in  a 
box  as  taken;  after  the  polls  are  closed,  the  tickets  shall  be 
counted  and  strung  on  a  thread,  and  the  Judges  shall  make 
out  a  certificate,  which  they  shall  sign,  addressed  to  the  Gover¬ 
nor  at  Annapolis,  in  which  they  shall  state  that  they  have 
taken  the  oath  hereby  prescribed,  and  shall  certify  the  number 
of  votes  taken,  and  the.  number  of  votes  for  the  Constitution, 
and  against  the  Constitution;  the  said  certificates  shall  be 
accompanied  with  the  names  of  the  voters,  and  shall  be  plain¬ 
ly  expressed,  but  no  particular  words  shall  be  required. 

bee.  14.  The  Judges  shall,  as  soon  as  possible,  transmit 
said  returns  with  the  tickets  so  strung,  to  the  Governor,  who 
shall  receive  the  returns  of  the  soldier’s  vote,  and  shall  cast 
up  the  same,  and  judge  of  the  genuineness  and  correctness  of 
the  returns,  and  may  re-count  the  threaded  tickets,  so  as  to 
satisfy  himself,  and  the  Governor  shall  count  said  vote  with  the 
aggregate  vote  of  the  State  on  the  adoption  or  rejection  of  this 
Constitution,  and  shall  wait  for  fifteen  days  after  the  day  on 
which  the  State  vote  is  taken,  so  as  to  allow  the  returns  of  the 
soldiers’  vote  to  be  made  before  the  result  of  the  whole  vote 
is  announced.  The  Governor  shall  receive  the  returns  of  the 
soldiers’  vote  on  said  election  for  State  officers,  Presidential 
electors  and  members  of  Congress,  and  shall  count  the  same 
wito  tiie  aggregate  home  vote  on  State  officers,  and  the  aggre¬ 
gate  home  vote  in  each  district  respectively,  for  members  of 
Congress. 

Sec  15.  The  Governor  shall  make  known  to' the  officers  of 
the  State  Regiments,  the  provisions  of  this  article  of  the 
Schedule,  and  request  them  to  exercise  the  right  hereby  con¬ 
ferred  upon  them,  and  shall  take  all  means  proper  to  secure 
the  soldiers’  vote  ;  and  the  General  Assembly,  at  its  first 
session  after  the  adoption  of  this  Constitution,  shall  make 

97 


770 


proper  appropriation  to  pay  any  expense  that  may  arise 
herein. 

Sec.  16.  If  this  Constitution  shall  be  adopted  by  the  people, 
the  provisions  contained  herein  for  taking  the  soldiers  vote 
on  the  adoption  of  the  Constitution  shall  apply  to  all  elections 
to  be  held  in  this  State,  until  the  General  Assembly  shall 
provide  some  other  mode  of  taking  the  same. 

Done  in  Convention  the  sixth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-four,  and 
of  the  Independence  of  the  United  States,  the  eighty-ninth. 

HENRY  H.  GOLDSBOROUGH, 

President  of  the  Convention. 

Attest: r-W.  R.  Cole,  Secretary. 

STATE  OF  MARYLAND,  Sct.: 

I,  George  Earle,  Clerk  of  the  Court  of  Appeals  ot  Mary¬ 
land,  do  hereby  certify  that  this  Constitution  was,  on  this 
sixth  day  of  September  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-four,  filed  in  this  office. 

Witness  my  hand, 

GEORGE  EARLE, 

Clerk  of  the  Court  of  Appeals. 

The  said  Constitution  was  read  and  adopted  by  yeas  and 


navs  as  follows  : 

Messrs. 

Affirmative. 

Galloway, 

Parker, 

Goldsboro  ugh,  P’t 

Greene, 

Pugh, 

Abbott, 

Hatch, 

Purnell, 

Annan, 

Hebb, 

Ridgely, 

Audoun, 

Hoffman, 

Russell , 

Baker, 

Hopper, 

Jones,  of  Cecil, 

Schley, 

Barron, 

Schlosser, 

Berry,  of  Balt.  co. 

Keefer, 

Scott, 

Brocks, 

Kennard, 

Sneary, 

Carter, 

King, 

Stirling, 

Cunningham, 

Larsh, 

Stockbridge, 

Cushing, 

Markey, 

Swope, 

Daniel, 

May  h  ugh, 

Sykes, 

Davis,  of  Wash., 

McComas, 

Thomas, 

Dellinger, 

.  Mullikin, 

Todd, 

Earle, 

Murray, 

Yallianfc, 

Ecker, 

Negley, 

Wickard, 

Farrow, 

Nyman, 

Wooden — 53 

Messrs. 

Belt, 

Bond, 

Brown, 

Chambers, 

Crawford, 

Dail, 

Davis,  of  Charles, 
Dent, 


Negative. 

Duvall, 

Gale, 

Henkle, 

Hod  son, 

Hollyday, 

Horsey, 

Jones,  of  Som., 
Lansdale, 

Lee, 


Marbury, 

Mitchell, 

Miller, 

Morgan, 

Par  ran, 

Peter, 

Smith,  of  Dor. , 
Turner, 

Wilmer — 26. 


Absent  and  not  voting— Messrs.  Berry,  of  Prince  George's, 

Bulingsley,  Blackiston,  Briscoe,  Clarke,  Dennis,  Edelen 

Harwood,  Hopkins,  Johnson,  Mace,  Noble,  Robinette, 

bands,  Smith,  of  Carroll,  Smith,  of  Worcester,  and  Thrus- 
ton — 17. 

Mi .  Uebb  submitted  the  following  order  i 

Ordered,  That  the  Secretary  of  the  Convention  proceed 
lor th with  to  deposit  the  Constitution  as  adopted,  passed,  sign¬ 
ed  and  attested,  in  the  office  of  the  Clerk  of  the  Court  of 
Appeals. 


Which  was  adopted. 

Mi1.  Thomas  submitted  the  following  order  : 

Ordeied,  That  the  thanks  of  this  Convention  are  due  and 
are  hereby  tendered  to  Wm.  Blair  Lord,  Esq.,  the  Reporter, 
and  to  Henry  M.  Parkhurst,  Esq.,  Assistant  Reporter,  for  the 
impartial,  faithful  and  efficient  manner  they  have  reported 
the  Debates  of  this  Convention. 

Which  was  adopted. 

Mr.  Davis,  of  Charles,  moved  to  suspend  the  rules  to  Hve 

the  resolutions  submitted  by  him  on  yesterdav  a  second  read¬ 
ing. 


Decided  in  the  negative. 

The  order  submitted  by  Mr.  Audoun,  and  postponed,  in 
relation  to  requiring  the  oath  to  be  taken  by  every  person  be¬ 
fore  they  shall  be  entitled  to  receive  any  compensation  as  ex¬ 
pressed  in  the  resolution  offered  by  Mr.  Berry,  of  Baltimore 
county. 

Was  taken  up  ; 

The  question  being  on  the  adoption  of  the  order. 

Mr.  Audoun  demanded  the  yeas  and  nays  ; 


m 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  . 


Messrs. 

Goldsborough,  P’t 
Abbott, 

Annan , 

Audoun, 

Baker. 

Barron, 

Berry,  of  Balt.  co. 
Brooks, 

Carter, 

Cunningham, 

Cushing, 

Daniel, 

Davis,  of  Wash., 
Dellinger, 

Ecker, 

Farrow, 


Messrs. 

Belt, 

Bond, 

Brown, 

Chambers, 

Crawford, 

Dail, 

Davis,  of  Charles 
Dent, 


Affirmative. 

G-alloway, 

Greene, 

Hatch, 

Hebb, 

Hoffman, 

Hopper, 

Jones,  of  Cecil, 
Keefer, 

Kennard, 

King, 

Larsh, 

Markev, 

Mayhugli, 

McComas, 

Mullikin, 

Murray, 

Negley, 

Negative. 

Duvall, 

Gale, 

Henkle, 

Hodson, 

Hoi  lyd  ay, 
Horsey, 

Jones,  of  Soift. , 
Lansdale, 

Lee, 

its  adoption 


Nyman, 

Parker, 

Pugh, 

Purnell, 

Bidgely, 

Russell, 

Schley, 

Schlosser, 

Scott, 

Sneary, 

Stirling, 

Swope, 

Sykes, 

Todd, 

Yalliant, 

W  ickard, 
Wooden — 50. 


Marbury, 

Mitchell, 

Miller, 

Morgan, 

Peter, 

Smith,  of  Dor., 
Turner, 

Wilmer — 25. 

was  decided  in  the 


So  the  question  upon 
affirmative. 


Mr.  Belt  moved  that  the  Convention  do  now  adjourn  sine 
die  ; 

The  question  being  on  the  adoption  of  the  motion, 

Mr.  Belt  demanded  the  yeas  and  nays, 


The  demand  being  sustained, 

The  yeas  and  nays  were  called,  and  appeared  as  follows  : 

Affirmative. 

Duvall,  Marbury, 

Gale,  Mitchell, 


Messrs. 

Belt, 


773 


Bond, 

Henkle, 

Miller, 

Brown, 

Chambers, 

Crawford, 

Hodson, 

Morgan, 

Hollyday, 

Peter, 

Horsey, 

Smith  of  Dor., 

Dail, 

Jones,  of  Som., 

Turner, 

Davis,  of  Charles, 

Lansdale,  • 

Wilmer  —25. 

Dent, 

Lee, 

Negative. 

Messrs.* 

Galloway, 

Parker, 

Goldsborough,  P’t 

Greene, 

Pugh, 

Abbott, 

Hatch, 

Purnell, 

Annan, 

Hebb, 

Pidgely, 

Audoun, 

Hoffman, 

Russell, 

Baker, 

Hopper, 

Schley, 

Barron, 

Berry,  of  Balt.  co. 

Jones,  of  Cecil. 

Schlosser, 

Keefer, 

Scott, 

Brooks, 

Kennard, 

Stirling, 

Carter, 

Cunningham, 

King, 

Stockbridge, 

Mar  key , 

Swope, 

Cushing, 

Mayhugh, 

Sykes, 

Davis,  of  Wash., 

Mc-Comas, 

Thomas, 

Dellinger, 

Mullikin, 

Todd, 

Earle, 

Murray, 

Kegley, 

Valliant, 

Ecker, 

Wickard, 

Farrow, 

Nyman, 

Wooden — 49. 

So  the  question  upon  its  adoption  was  decided  in  the  nega¬ 
tive. 

Mr.  Hebb  submitted  the  following  order  : 

Ordered,  That  when  this  Convention  adjourns  to-day,  it 
stands  adjourned  in  pursuance  of  a  resolution  of  the  Conven¬ 
tion  passed  upon  the  21st  day  of  August,  1864. 

Which  was  adopted. 

Mr.  Hebb  moved  that  the  Convention  do  now  adjourn  ; 

Decided  in  the  affirmative. 

The  President,  before  announcing  the  vote,  addressed  the 
Convention  as  follows : 

Gentlemen  of  the  Convention : 

The  time  has  now  arrived  when,  as  your  presiding  officer, 
it  becomes  my  duty  to  declare  the  termination  of  the  labors 
of  this  Jbody.  In  so  doing  it  would  not  be  proper  to  omit 
the  observance  of  the  time-honored  custom  of  giving  utter¬ 
ance  to  some  brief  and  friendly  words  of  parting. 


774 


We  have  been  engaged  for  the  past  four  months  in  the 
work  of  framing  anew  the  organic  law  of  this  State.  How¬ 
ever  easy  the  task  may  appear  to  many,  and  especially  to 
those  who  have  never  participated  in  such  a  work,  yet  1 
am  sure  you  will  concur  with  me  that  its  difficulties,  not  a 
few  even  in  times  of  profound  peace,  have  been  greatly  in¬ 
creased  by  the  condition  of  things  by  which  we  were  sur¬ 
rounded. 

Amid  a  civil  war  of  the  most  gigantic  proportions,  our 
minds  have  been  constantly  disturbed  by  the  ever  recurring 
consideration  whether  the  institutions,  under  which  we  have 
prospered  so  long  as  a  nation,  were  to  stand  or  fall  amid 
the  conflicts  of  the  day.  While  the  nation  has  been  thus 
agitated  throughout  its  entire  limits,  our  own  State  has 
been  the  theatre  of  the  most  bitter  contests  between  social 
and  political  classes  ever  experienced,  and  which  it  could 
have  been  wished  should  not  have  existed  while  we  were 
engaged  in  a  work  of  so  much  importance  and  magnitude. 
Our  labors,  though  thus  interrupted  by  scenes  calculated  to 
create  the  most  embittered  feeling,  and  to  provoke  discus¬ 
sions  of  the  most  exciting  character,  have  not  been  marred  by 
any  of  those  personal  animosities  or  collisions  which  might 
have  been  anticipated,  and  which  have  so  often  characterized 
the  proceedings  of  other  deliberative  bodies.  This  is  a  mat¬ 
ter  of  sincere  congratulation,  and  if  your  President  has  suc¬ 
ceeded  in  the  accomplishment  of  this  object,  he  has  been 
encouraged  and  sustained  by  a  conviction  of  your  belief  in  his 
conscientious  discharge  of  duty,  and  in  his  faithful  endeavor 
at  all  times  to  award  to  each  individual  member,  irrespective 
of  party  designations  or  particular  localities,  that  impar¬ 
tial  justice  which  should  always  control  the  action  of  a  pre¬ 
siding  officer  of  a  deliberative  body. 

We  are  now  about  to  separate  for  our  respective  homes. 
In  all  human  probability  the  most  of  us  may  never  meet 
again.  As  actors  in  the  past  and  present  eventful  scenes, 
can  we  not  all — dismissing  the  memory  of  every  embittered 
feeling,  before  parting — unite  in  the  prayer  so  often  repeated 
at  this  desk,  that  the  same  ever  living  God ,  who  has  here¬ 
tofore  protected  and  defended  us  as  one  people,  may,  notwith¬ 
standing  our  civil  broils,  our  many  sins  and  misgivings,  still 
preserve  us  “under  the  shadow  of  his  wing”  as  one  undivid¬ 
ed  nation  ;  that  whatever  changes  may  be  occasioned  by  the 
rapidly  transpiring  events  of  the  day — whatever  modifica¬ 
tions  may  be  produced  in  the  character  of  our  social  insti¬ 
tutions,  the  Union ,  as  the  great  ark  of  our  national  safety, 
with  the  Constitution,  may  be  vouchsafed  to  us  and  our  chil¬ 
dren  \  and  that  ere  many  years  shall  roll  around ,  we  may 


775 


all  look  again  with  fond  delight  upon  the  same  gorgeous 
emblem  of  our  nationality  still  floating  over  us,  affording 
equal  protection  to  the  rights  of  all,  at  home  and  abroad,  not 
a  star  erased,  nor  a  stripe  obscured. 

Representatives  of  Maryland — Freemen  of  a  central  State 
of  a  once  proud  galaxy  of  States — citizens  of  a  National 
Government,  unequalled  in  its  fostering  protection  by  any 
other  upon  earth,  your  hearts  and  mine  I  know  beat  re¬ 
sponsive  to  a  wish  for  the  restoration  of  our  Federal  Govern¬ 
ment,  and  a  return  of  that  period  when  we  shall  all,  irre¬ 
spective  of  geographical  lines  or  sectional  parties,  recognize 
“the  Constitution  and  the  laws  and  treaties  made  in  pursu¬ 
ance  thereof,  as  the  supreme  law  of  the  land.”  Is  there  a 
man  so  indifferent  to  the  blessings  of  republican  liberty,  as 
not  to  cherish  a  hope  of  a  speedy  realization  of  such  a  result? 
Who  does  not  desire  a  peace — permanent  substantial  peace — a 
peace  commanding  the  obedience  of  all  men,  in  all  parts  of 
our  common  country,  to  those  who  have  been  or  may  be  cho¬ 
sen  to  administer  the  Government  ?  Who  will  not  hail  with 
pleasure  the  end  of  scenes  of  blood  and  desolation,  if  it  can 
be  obtained  by  an  unconditional  submission  of  those  proud 
domestic  foes,  wherever  located,  who  have  been  and  are  now 
engaged  in  plotting  our  destruction,  and  whose  treasonable 
schemes,  I  hope,  in  the  providence  of  God,  may  be  defeated, 
whether  sought  to  be  accomplished  by  the  sword  or  by  a  sur¬ 
reptitious  use  of  the  ballot?  “The  union  of  the  States,  the 
majority  must  govern,  it  is  treason  to  secede,”  is  as  truthful 
now  as  in  the  earlier  days  of  the  Republic,  or  even  in  the 
Madisonian  era  of  unsuspected  State  Rights  Republicanism. 
The  will  of  the  people  must  be  respected.  Tt  must  be  en¬ 
forced,  and  although  we  may  cry  “peace,  peace,”  there  will 
be  no  peace  until  every  armed  foe  shall  be  made  to  acknow¬ 
ledge  the  paramount  authority  of  our  Federal  Government. 

In  the  momentous  struggle  which  has  for  the  past  three 
years  agitated  this  State,  your  President  has  not  been  an 
inactive  participant.  He  has  witnessed  the  rapid  change  of 
public  sentiment  in  relation  to  a  domestic  institution  here¬ 
tofore  protected  by  law  to  such  an  extent  as  almost  to  sup¬ 
press  all  freedom  of  speech  and  freedom  of  action.  In  an 
evil  hour,  initiated  by  the  loss  of  place  and  in  the  full-blown 
pride  of  power,  its  supporters  sought  to  extend  and  perpetu¬ 
ate  its  rule,  even  though  it  involved  the  destruction  of  the 
best  Government  on  earth.  Scarcely  awaiting  the  announce¬ 
ment  of  the  result  of  the  Presidential  canvas,  they  openly 
proclaimed  their  fixed  determination  to  disregard  the  popular 
will  as  expressed  in  the  choice  of  a  Chief  Magistrate,  and 
mocking  all  the  ordinary  restraints  of  law,  proceeded  in 


tlieir  work  of  disintegration  and  dismemberment,  regard¬ 
less  of  all  consequences.  Such  traitorous  proceedings  cul¬ 
minated,  as  might  have  been  expected  and  forseen,  in  all  the 
horrors  of  civil  war.  In  such  acts  are  to  be  discovered  the 
true  cause  of  all  our  trials  and  sufferings,  as  well  as  the  his¬ 
tory  of  that  determined  popular  clamor  for  this  Convention, 
as  the  most  effectual  means  to  check  such  movements  within 
our  State.  The  draft  of  a  Constitution  now  about  to  be  sub¬ 
mitted,  is  but  one  of  the  legitimate  fruits  of  rebellion,  to  be 
followed  by  other  similar  enactments,  until  the  popular  will 
shall  be  reflected  in  an  absolute  extinguishment  of  this  in¬ 
stitution:  SI  aver  v  interwoven  with,  our  social  and  domestic 

* 

relations,  and  accustomed  to  control  our  national  policy  could 
not  brook  the  antagonism  of  free  speech  and  free  labor. 
In  its  mad  appeal  to  the  dread  arbitrament  of  the  sword,  there 
has  been  disclosed  the  secret  history  and  ambitious  designs 
of  many  party  leaders  who  have  long  sought  to  divide  our 
country  by  sectional  lines  for  the  gratification  of  their  own 
personal  ends.  That  God,  in  the  providence  of  His  ways, 
will  effectually  thwart  the  machinations  of  such  schemers 
and  plotters  of  disunion,  I  have  not  a  doubt.  Believing  that 
He  has  permitted  this  state  of  things  for  the  accomplishment 
of  some  great  National  good,  I  have  an  abiding  faith  that  the 
great  mass  of  the  American  people,  whose  generous  patriot¬ 
ism,  unflinching  courage  and  unselfish  devotion  to  their 
country’s  cause  is  without  a  parallel  in  the  history  of  the 
world,  will  emerge  from  this  terrible  ordeal,  much  better  pre¬ 
pared  to  appreciate  the  blessings  of  free  institutions,  and  to 
provide  in  a  Constitutional  mode  for  the  removal  of  every 
obstacle  to  the  perpetuation  of  a  united  Government,  consti¬ 
tuting  us  one  people,  so  dear  to  every  true  American  'heart. 
This  problem  of  universal  freedom  is  being  fast  wrought  out 
by  the  current  events  of  the  day,  to  the  satisfaction  of  every 
loyal  man,  while  in  the  blood  of  patriotic  sons  and  sires  will 
be  found  the  surest  guaranties  against  all  future  enemies, 
foreign  or  domestic,  of  that  Liberty  and  Union  which  should 
be  one  and  inseparable,  now  and  forever. 


In  this  State  the  institution  of  slavery  is  dead.  Those  who 
have  tears,  therefor,  prepare  to  shed  them  now.  It  is  not 
now  in  your  power,  or  mine,  or  that  of  any  living  mortal  to 
revive  or  resuscitate  it.  I  congratulate  you  upon  the  accom¬ 
plishment  of  this  work,  which  I  doubt  not  the  people  will  seal 
with  their  approbation.  Even  those  of  your  constituents  who 
do  not  now  coincide  with  your  views,  after  the  asperities  of 
the  day  shall  have  ceased  will,  I  doubt  not,  hail  with  pleasure 
this  great  social  revolution,  opening  as  it  does,  the  fair  fields 
of  Maryland  to  the  hand  of  honest  industry,  in  all  its  diversi- 


777 

Sif  to  e8nj“da8en(£d  intended  The  fruTts  of 

labor.  The  sons  of  honest  toil  thTft,  *  ow“  Pers°nal 

the  manufacturer  will be ^  elevated  in  the^e  T  Tfanic  and 

Free  and  untrammelledlwith  the  av^es ’Tf  ,5,nmani*- 

iijSiu4™"1  fcl w w&sa.i'E 

of  her  motto  “Crescite  et  multiplicaminif  ’  and  with  th» 
increase  of  her  people  T  tlm  i  i  ana3  with  the 

c“'ii*»s»  -  AissirssB 

courteous  and  kind  deportment  at  all  times  and  in 

you  farewell,  to  renew  my  wishes  fortli  1c  /  bidding 

piness  of  each  individual  member  of  this  tanieTtiom^  ^ 

Ido  now 'proclaim,  this  Convention  adionrnprl  i 

with  a  resolution  heretofore  adopted  J  ?  ^  accordance 

Attest: 

WILLIAM  R.  COLE,  Secretary. 


98 


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. 

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„  mol',  •'  '  I 


z' 


INDEX 


TO  THE 


JOURNAL  OF  PROCEEDINGS 


OF  THE 


CONSTITUTIONAL  CONVENTION. 


index. 


ABBOTT,  EDWIN  A. — Orders  submitted  by  17  27  39 
45,  87,  181,  230,  702,  7ll'.  y’  ’  7’ 

Resolution  submitted  by,  19,  600. 

^Motions  offered  by,  83,  211,  219,  272,  284, 

.0^rue^lneu*'s  submitted  by,  160  168  173  990 

237,337,  696,  709.  J  ,168,173,  23d, 

Report  of,  as  Chairman  of  Committee  on  the 
Basis  of  Representation,  120. 

ABSENT  J1EMI®RS.— Resolutions  relating  to,  78,  89,  157, 
igOrder  submitted  by  Mr.  Abbott,  relating  to, 

of0^  aU<i  amendments  to  have  a  list  published 

’  Order  submitted  by  Mr  AhWi  ^ 

from  expressing  their  views  on  subiects  acted  on 
during  their  absence,  355.  J  8  acted  on 

Eck“.  >»  puwi,h , 

ACCODNTS.-A  committe  ...  to  b,  appointed  by  the  Chair, 

Appointment  of  committee  on,  17 
on8' 23.'  G°rre11  aPP°inted  Clerk  to  Committee 


782 


* 


ACCOUNTS.— 


* 


Committee  on,  to  fix 'the  per  diem  and  mileage 
of  officers,  40. 

Report  of  Committee  on,  relating  to  compensa¬ 
tion  of  officers  of  the  Convention,  42. 

Committee  on,  ordered  to  examine  and  settle 
the  hills  contracted  for  fitting  up  the  Hall,  78. 

Pay  of  temporary  Postmaster,  referred  to  com- 
mittee  on,  91. 

Pay  of  temporary  doorkeeper  referred  to  com¬ 
mittee  on,  92. 

Committee  on,  authorized  to  pay  Mr.  Gormand 
for  his  services  as  temporary  Clerk,  98. 

Report  of  Committee  on,  relating  to  claims  ot 
Messrs.  Corkran,  Hammond  and  Tritch,  127. 

Committee  on,  to  consider  and  report  the  com¬ 
pensation  for  hoisting  the  flag  over  the  State 
House,  154. 

Order  submitted  by  Mr.  Galloway,  that  the 
Committee  on,  issue  no  more  certificates  to  mem¬ 
bers  for  per  diem  till  the  adjournment  ot  the  Con- 
vention,  583. 

Committee  on,  authorized  to  pay  the  Librarian 

for  extra  services  rendered  the  Convention,  628. 
Report  of  Committee  on,  652,  686. 

Committee  on,  authorized  to  adjust  per  diem, 
&c.,  702  to  709. 


DDRESS. — By  the  President  on  taking  the  Chair,  7,. 

By  the  President,  at  the  close  of  the  Conven¬ 
tion,  773. 

GRICULTURAL  COLLEGE.  Order  submitted  by  Mr. 
Smith,  of  Carroll,  in  relation  to  the,  271,  322. 

i LLE GIAN CE.— -Amendments  submitted  to  Article  IV, 
Bill  of  Rights,  relating  to,  due  from  citizens  to 
the  United  States,  144,  145. 


Amendment  to  Article  36,  Bill  of  Rights,  165. 

Amendments  submitted  by  Mr.  Briscoe  to  Arti¬ 
cle  4,  Bill  of  Rights,  to  strike  out  the  word 
“paramount,”  175,  195,  199. 

Amendments  submitted  by  Messrs.  Chambers 
and  Belt,  to  same  article,  199,  200. 


783 


ALLEGIANCE — 

Resolution  by  Mr.  Stirling,  requiring  the,  re¬ 
gistration  of  persons  taking  the  oath  of,  265. 

AMENDMENTS  OF  THE  CONSTITUTION— See  future 
amendments ,  &c. 

ANDERS,  MOSES — Appointment  of,  as  Doorkeeper,  8. 

ANNAN,  ANDREW— Motion  offered  by,  499. 

APPOINTMENTS,  TENURE  OF  OFFICE,  DUTIES  AND 
COMPENSATION  OF  CIVIL  OFFICERS— Re¬ 
port  of  Committee  on,  98. 

Amendments  submitted  to  report  on,  by  Messrs. 
Stockbridge,  Purnell,  Hebb,  Bond,  Parran,  Schley, 
Stirling,  Sykes,  Morgan,  King,  Daniel,  Briscoe, 
Chambers,  Audoun,  Miller  and  Peter,  378,  379, 
380,  382. 

Further  amendments  to  report  on,  by  Messrs. 
Stirling,  King,  Valliant,  Duvall,  Purnell  and 
Ridgely,  389, "390,  391,  407,  408. 

Further  amendments  to  report  on,  by  Messrs. 
Purnell,  Todd,  Dellinger,  Belt,  Davis,  of  Wash¬ 
ington,  Pugh,  Hebb,  Schley,  Scott,  Daniel,  Ab¬ 
bott,  Henlde  and  Miller,  409,  410,  411,  412,  413, 
414. 

Further  amendments  to  report  on,  by  Messrs. 
Thomas  and  Scott,  425. 

Report  on,  as  amended,  ordered  to  be  engrossed 
for  a  third  reading,  426. 

Amendments  to  provide  for  tilling  vacancies, 
&c.,  655. 

Report  on,  read  third  time  and  passed,  656. 

APPRENTICE-SHIP — Proposition  submitted  by  Mr.  Jones, 
of  Somerset,  to  adopt  a  system  of,  for  Minor 
Emancipated  Slaves,  311. 

An  additional  section  submitted  to  the  report  on 
Judiciary,  to  provide  for  the,  of  Minor  Emancipa¬ 
ted  Negroes,  by  the  Orphans’  Court,  593. 

Amendments  proposed,  593,  594,  595,  596,  597, 
598,  604. 

ATTORNEYS — See  State’s  Attorneys. 

ATTORNEY  GENERAL — Election  of  an,  recommended  in 
the  report  on  State’s  Attorneys,  501. 


784 


ATTORNEY  GENERAL—  * 


Engrossed  copy  of  Constitution,  Article  IV,  on 
the  office  of,  entitled,  754. 

AUDOUN,  JOSEPH  H. — Motions  offered  by,  205,  313,  349, 
371,  462,  482,  690. 

Orders  submitted  by,  18,  85,  229,  237,  565, 
719.  ’ 

Leave  of  absence  to,  170. 


B. 


BAKER,  HENRY — Orders  submitted  by,  13,  56,  93. 

Motions  offered  bv,  180J 

v  s  J 

Absence,  leave  and  cause  of,  268,  316,  499. 

Order  by,  to  enter  on  the  Journal  his  vote  on 
certain  orders  and  resolutions  adopted  in  his 
absence,  350. 

BARRON,  JOHN — Orders  submitted  by,  15,  257,  650. 

Leave  of  absence  granted  to,  23,  509,  524. 

Vote  of,  on  various  subjects,  adopted  by  the 
Convention  during  bis  absence,  240,  524,  629. 

Motions  offered  by,  89,  93,  125,  132,  181,  245, 
286,  327. 

BASIS  OF  REPRESENTATION — See  Representation. 

BELT,  EDWARD  W. — Amendments  on  various  subjects, 
submitted  by,  10,  18,  105,  200,  250,  273,  676, 
678,  696. 

Motions  offered  by,  27,  540,  715. 

Resolutions  submitted  by,  33,  41,  414. 

Leave  of  absence  to,  217,  414. 

Orders  submitted  by,  88,  350,  385. 

Vote  on  Article  23,  Bill  of  Rights,  as  proposed 
to  be  amended  by  Mr.  Brown,  228. 

Report  of,  as  Chairman  of  Committee  on  In¬ 
terest  and  Usury,  520. 

BERRY,  SAMUEL  H. — Motions  offered  by,  6,  18,  25,  30, 


785 


BJSRRY,  SAMUEL  H.— 

142,  182,  215,  217,  355,  452,  457,  460,  524, 
541. 

Amendments  submitted  by,  155,  351. 

Order  submitted  by,  525.  ' 

Report  of,  from  the  minority  of  the  Committee 
on  the  Basis  of  Representation,  121,  122. 

Record  of  his  vote  on  various  subjects  before  the 
Convention  during  his  absence,  350. 

Cause  of  absence  of,  574. 

BERRY,  JOPIN  S. — Motions  offered  by,  16,  68,  69,  713. 

Cause  and  leave  of  absence,  23,  133,  519. 

Orders  submitted  by,  26. 

Amendments  by,  148,  713. 

Report  of,  from  Committee  on  Militia  and  Mili¬ 
tary  affairs,  517. 

BILL  OF  RIGHTS — See  Declaration  of  Rights. 

BILLINGSLEY,  CHAPMAN — Orders  submitted  by,  15 
146. 

Absence,  leave  and  cause  of,  25,  256,  384. 

BLACKISTON,  DAVID  C. — Motion  offered  by,  326. 

Leave  of  absence  granted  to,  661. 

BOND,  WILLIAM  B. — Order  submitted  by,  44. 

Motion  offered  by,  184. 

Amendment,  submitted  by,  94. 

Vote  on  amendment  of  Mr.  Brown  to  Article 
23,  Bill  of  Rights,  228. 

BRISCOE,  JAMES  T. — Orders  submitted  by,  18,  235. 

Amendments  submitted  bv,  90,  151,  234,  542, 
669. 

Motions  offered  by,  186,  632. 

BROOKS,  WILLIAM — Absence  of,  leave  and  cause  of,  155, 
303,  524. 

Record  of  vote  on  Mr.  Brown's  amendment  to 
Article  23,  Bill  of  Rights,  228. 

BROWN,  JOHN — Amendments  submitted  by,  167,  213, 
219. 


\ 


99 


786 


BROWN,  JOHN— 

Motions  offered  by,  424,  648. 

Report  of,  from  the  minority  of  Committee  on 
the  Elective  Franchise,  &c.,  449. 


c. 


CARTER,  JAMES  D. — Cause  of  absence  of,  155. 

CHAMBERS,  E.  F. — Orders  submitted  by,  4,  240,  658. 

Motions  offered  by,  22,  96,  179,  218,  219,  230, 
356,  591,  658,  660.*  ' 

Amendments  submitted  by,  130,  199,  250, 

666. 

Protest  by,  against  the  Order  and  Resolutions, 
of  Messrs.  Schley  and  Stirling,  in  relation  to  rebel 
sympathisers,  397. 

Leave  of  absence  granted  to,  414. 

Resolution  submitted  by,  709. 

CHAPLAINS. — Order  submitted  to  wait  upon  the  Clergy  of 
the  city,  and  arrange  with  to  act  as,  to  the  Con¬ 
vention,  11 

Order  adopted  requiring  the,  to  subscribe  to  the 
oath  administered  to  the  members,  18. 

Rev.  Messrs.  Davenport,  Patterson,  McNemar 
and  Owen,  requested  to  act  as,  40. 

Qualification  of,  72. 

Communication  from  Mr.  Davenport,  asking  to 
be  excused  from  further  services  as  one  of  the, 
424. 

Order  submitted  by  Mr.  Hoffman  to  pay  the, 
$100  each  for  their  services  as,  649. 

CHARLES  COUNTY. — Communication  from  the  Governor, 
relating  to  Special  Election  in,  40. 

Qualification  of  Members  from,  40. 

CHESAPEAKE  AND  OHIO  CANAL. — Order  submitted 
by  Mr.  Belt,  to  authorise  the  General  Assembly 
to  pass  laws  allowing  certain  counties  to  create  a 


787 

CHESAPEAKE  AND  OHIO  CANAL— 

debt  to  purchase  the  State’s  interest  in  the,  350, 
406.  J 

CIRCUIT  COURTS. — Committee  on  Judiciary  instructed  to 
report  certain  changes  in  the,  and  defining  the 
powers  of,  135,  136,  137 

Report  of  Committee  on  Judiciary  relating  to, 
419. 

Amendments  by  Mr.  Thomas  to  Report  on,  483. 

Amendments  by  Mr.  Clarke,  to  Report  on,  539, 
540. 

Amendment  submitted  by  Mr.  Ridgely,  to  em¬ 
power  the  Judges  of,  to  appoint  the  necessary 
officers  of,  573,  574. 

Amendments  to  Report  on,  submitted  by  Messrs. 
Miller,  Hebb  and  others,  relating  to  Judicial  Dis¬ 
tricts,  574,  575,  580,  581,  582,  583,  584. 

Amendment  submitted  by  Mr.  Hebb,  relating 
to  Judges  of,  617,  652. 

Engrossed  copy  of  Constitution,  Article  IY, 
Part  III,  entitled,  748. 

CIVIL  OFFICERS. —  Committee  proposed  to  consider  and 
report,  respecting  the  Appointment,  Tenure  of 
Office,  Duties  and  Compensation  of  all,  13. 

Adopted,  22. 

Committee  appointed,  22. 

Petition  of  State  Librian  for  increase  of  salary, 
referred  to  the  Committee  on,  26. 

Order  submitted  to  secure  to,  their  full  term, 

66. 

Amendments  to  Report  on  Compensation  of, 

655. 

« 

CLARKE,  DAFIEL — Motions  offered  by,  9,  29,  33,  40, 
68,  116,  209,  248,  327. 

Report  submitted  by,  98. 

Orders  submitted  by,  13,  23^  79,  143. 

Resolutions  submitted  by,  27,  31,  32,  134. 

Absence,  leave  and  cause  of,  366,  539,  557. 

Amendments  submitted  by,  56,  129,  131,  144, 
158,  159,  165,  169,  210,  332,  404. 

Appeal  by,  from  a  decision  of  the  Chair,  116. 


788 


CLERKS  OF  COURTS.— Amendments  proposed  by  Messrs. 

Peter,  Miller,  Audoun  and  Parran,  to  Judiciary 
Report,  relating  to,  585. 

CODE  OF  MARYLAND  LAWS.— -Order  submitted  by  Mr. 

Belt,  relating  to  the  publication  of  a  new  edition 
of  the,  after  every  regular  session  of  the  Legisla¬ 
ture,  185. 

COLE,  WILLIAM  R. — Appointment  of,  as  Secretary,  8. 

Cause  of  absence  of,  329. 

Vote  of  thanks  tendered  to,  710 

COLLINS,  CHARLES. — Appointment  of,  as  Folder,  9. 

COMMISSIONERS  OF  PUBLIC  WORKS. — Order  submit¬ 
ted  proposing  to  abolish  the  office  of,  46. 

See  Report  of  Committee  on  Appointments,  99. 

COMMITTEE  CLERKS.— Wm.  R.  McCully,  Thos.  Tipton, 
George  Johnson  and  S.  C.  Gorrell,  appointed,  8. 

Motion  to  appoint  J.  W.  Gorman,  as  an  addi¬ 
tional,*  rejected,  84,  85. 

Apportionment  of  the  work  ot  the,  87. 

COMMITTEES. — Order  submitted,  directing  the  Chair  to 
appoint  Standing,  9. 

Order  submitted  that  standing,  of  five  members 
each  be  appointed,  12. 

Standing,  announced  by  the  President,  16,  18, 
19. 

Order  requiring  a  printed  list  of  the  Standing, 
for  the  use  of  the  members,  17. 

Order  relating  to  civil  officers,  22. 

Order  relating  to  the  meetings  of  the,  56. 

Additional  members  of,  appointed,  72. 

Order  submitted  by  Mr.  Wickard,  requiring  the, 
to  report  as  early  as  practicable,  193. 

Order  submitted  by  same,  that  Standing,  not 
yet  reported,  be  allowed  a  certain  time,  242. 

Appointment  of,  on  Printing  and  circulating 
the  Constitution,  687. 

COMPENSATION  FOR  EMANCIPATED  SLAVES.— 
Amendment  submitted  by  Mr.  Clarke  to  Article 
23,  Bill  of  Rights,  looking  to,  from  the  General 
Government,  210. 


'  789 


COMPENSATION  FOR  EMANCIPATED  SLAVES— 

Debate  on  same,  211,  212. 

Amendment  withdrawn,  215. 

Amendment  submitted  by  Mr.  Davis,  of  Charles, 
to  section  40,  of  Report  on  Legislative  Department 
relating  to,  304. 

By  Mr.  Brown,  300,  307. 

An  additional  section  submitted  by  Mr.  Duvall 
to  Report  on  Legislative  Department,  relating;  to 
318.  A  b  5 

Amendments  to .  same,  by  Messrs.  Jones,  of 
Somerset,  and  Stirling,  318,  319. 

Proposition  submitted,  to  appoint  a  special  com¬ 
mittee  to  confer  with  tne  President  of  tire  United 
States  and  solicit  pecuniary  aid,  looking  to,  713. 

Appointment  of  Committee,  715. 

Order  submitted  by  Mr.  Audoun,  requiring  the 
constitutional  oath  to  be  taken  by  all  claimants 
for,  before  receiving,  719. 

COMPTROLLER. — Order  submitted,  requesting  the,  to  re- 
poit  the  amount  paid  to  special  Judges  and  coun¬ 
sel  for  the  State,  18. 

Statement  showing  the  amounts  paid,  34  to  39. 

Order  submitted,  requesting  the,  to  furnish  state¬ 
ment  of  stocks  held  by  the  State  in  Internal  Im¬ 
provements,  &c.,  85. 

Report  of  Committee  defining  the  duties  of  386. 

Engrossed  copy  submitted,  of  the  Constitution! 
Article  VI,  entitled  Treasury  Department,  relat¬ 
ing  to,  757. 

CONSTABLES. — Order  submitted,  to  provide  for  the  election 
of,  43. 

Report  of  the  Committee  on  Appointment, 
Tenure  of  Office,  &c.,  relating  to,  100. 

CONSTITUTION. — To  provide  for  the  vote  on  the,  602. 

Order  submitted  to  contract  for  the  printing  and 
distribution  of  copies  of  the,  615,  629,  630.  & 

Order  submitted  by  Mr.  Ridgely,  to  have  four 
copies  of  the,  written  on  parchment  to  be  deposited 
with  State  officers,  664. 

Reconsidered  and  amended  by  Mr.  Stirling,  685, 


790  ' 


I 

CONSTITUTION— 

Order  submitted  by  Mr.  Green  to  authorise  the 
purchase  of  bound  copies  of  the,  from  Mr.  James 
Wingate,  and  directing  their  distribution,  703, 
705. 

Committee  appointed,  to  print  and  circulate 
the,  687.  * 

Appointment  of  a  committee  proposed,  to  attend 
to  the  publication  of  the,  in  the  newspapers,  701, 
720. 

Report  of  Committee  on  Reporting  and  Printing, 
relating  to  printing  and  binding  copies  of  the, 
703,  706,  719. 

Engrossed  copy  of  the,  as  submitted  by  the  Chair¬ 
man  of  Committee  on  Engrossment  and  Revision, 
728. 

Signing  of  the,  by  the  President  and  Secretary, 
770. 

Certificate  of  the  Clerk  of  the  Court  of  Appeals 
that  the,  has  been  filed  in  his  office,  770. 

Reading  of,  770. 

Vote  upon  and  final  adoption  of  the,  771. 

CONVENTION. — Meeting  of  the,  to  frame  a  new  Constitu¬ 
tion,  3. 

Committee  appointed  to  wait  upon  the  Governor 
and  inform  him  that  the,  had  effected  a  temporary 
organization,  and  desire  him  to  report,  3. 

Message  from  the  Governor  covering  list  of 
Delegates  elected  to  the,  and  sworn,  4. 

Officers  of  the,  appointed,  8,  72. 

Orders  submitted  to  remove  the,  to  Baltimore 
city,  14,  20,  21,  147. 

Orders  relating  to  time  of  assembling  and  hold¬ 
ing  two  dailv  sessions,  91,  92,  142,  174,  197,  198, 
284. 

Order  submitted  by  Mr.  Miller,  to  inquire  into 
the  eligibility  of  members  of,  229. 

July  11  to  18,  no  quorum  of  the,  251  to  255. 

Vote  of  thanks  to  the  President  and  others,  for 
preserving  the  existence  of  the,  256. 

Resolution  submitted  by  Mr.  Abbott,  to  provide 
for  another  call  of  the,  if  necessary,  630,  631. 


791 


CORN  EXCHANGE. — Petition  from  the  members  of  the 

praying  the  adoption  of  report  on  Interest  and 
Usury,  652. 

CORKRAN,  THOMAS. — Order  submitted  to  pay,  as  tempo¬ 
rary  Page,  79.  1 

Reconsidered,  83. 


COUNTIES.  Committee  proposed  to  consider  and  report 

upon  the  rights,  duties,  divisions  and  sub-divisions 

o^  10. 

Appointment  of  committee  on,  17. 

Proposition  to  divide  into  wards  or  townships, 

OD . 


Report  of  committee  on,  374. 

Amendments  submitted  to  report  on,  by  Messrs. 
Stockbridge,  Duvall,  Hebb,  King,  Scott  and  Ecker* 
426,  427,  428,  429. 

Amendment  submitted  by  Mr.  Ridgely,  relating 
to  the  boundaries  of,  659. 

.  Amended  report  of  committee  on,  read  the  third 
time  and  passed,  660. 

Article  X,  Constitution,  entitled  “Counties  and 
Townships/'  764. 

COUNTY  COMMISSIONERS. — Amendment  submitted  to 
report  on  appointments,  &c.,  to  provide  for  the 
election  of,  &c.,  655,  656. 

COUNTY  TREASURER. — Proposition  to  create  the  office 
of,  for  each  countv,  65. 

COURT  OF  APPEALS. — Committee  on  Judiciary  ordered 
to  inquire  into  the  expediency  of  reporting  a  new 
elective  system  of  the  Judges  of  the,  134. 

Order  submitted  by  Mr.  Duvall,  to  codify  deci¬ 
sions  of,  214. 

Order  submitted  by  Mr.  Miller,  requiring  cases 
in  the,  to  be  decided  within  three  months,  229. 

Petitions  from  citizens  of  Kent  county,  praying 
a  change  of  sessions  of  the,  256,  326. 

Petitions  from  citizens  of  Queen  Anne’s  county, 
same,  326. 

Report  of  Committee  on  J udiciary,  relating  to 
the,  417. 


792 


COURT  OF  APPEALS — 

Petition  from  citizens  of  Caroline  county  pray¬ 
ing  for  a  session  of  the,  at  Easton,  482. 

Amendment  submitted  by  Mr,  Scott,  to  report 
on  Judiciary,  providing  for  the  election  ot  Judges 
of,  and  conferring  on  them  the  power  to  appoint 
Judges  of  the  Circuit  Courts,  491. 

Amendments  submitted  to  report  on  Judiciar}r, 
relating  to  the  election  and  term  of  office  of  J udges 
of,  565  to  571. 

Amendment  submitted  by  Mr.  Hebb,  to  section 
12,  Eeport  on  Judiciary,  relating  to  Judges  of 
the,  626. 

Engrossed  copy  of  Article  IV,  Constitution, 
Part  2,  submitted  by  Chairman  of  Engrossing 
Committee,  entitled  the,  747. 

COURTS  OF  BALTIMORE  CITY. — Report  of  Committee 
on  Judiciary  in  relation  to  the,  420. 

Amendments  submitted  by  Mr.  Thomas,  to  re¬ 
port,  485. 

Amendment  submitted  by  Mr.  Daniel  to  same, 
489. 

Amendments  submitted  to  same  report,  relating 
to  the  jurisdiction  of  the,  607  to  611. 

Amendments  by  Mr.  Thomas,  to  same  report, 
in  relation  to  the,  615,  616,  653. 

Engrossed  copy  of  Constitution,  Article  IY, 
Part  IY,  submitted  by  Committee  on  Engross¬ 
ment,  750. 

CRIMES  AND  xMISDEMEANORS.— Amendments  submit¬ 
ted  to  section  19,  report  on  Legislative  Department, 
to  regulate  the  practice  in  Courts  of  J ustice,  for 
the  punishment  of,  292. 

CUNNINGHAM,  B.  A. — Amendments  submitted  by,  231. 

Motions  offered  by,  316,  350  430. 

Absence  of,  479. 

Order  submitted  by,  611. 

CUSHING,  JOSEPH  M. — Orders  submitted  by,  8,  12,  22, 
155,  241,  298,  329. 

Motions  offered  by,  72,  90,  91,  109,  155,  158, 
170,  227,  246,  340,  351,  635,  688. 


793 


CUSHING,  JOSEPH  M.— 

m  Tl5dmentS  Submitted  b^>  101>  109>  115,  117, 

Resolutions  offered  by,  247. 

37f eport  of’  from  the  Committee  on  Education, 

Absence,  cause  of,  521. 

D. 


BAIL,  THOMAS  J. — Cause  of  absence  of,  524. 

DANIEL,  WILLIAM— Absence,  cause  and  leave  of 

3o6,  574. 

Amendments  submitted  by,  88,  106,  180,  235. 
Motions  offered  by,  6,  15,  20,  28,  84,  93,  101 

435’  663’ m’  182’  196’  21°’  239,  282’  314>  388' 
^Orders  submitted  by,  12,  13,  14,  30,  40,  178, 


DAVENPORT,  REV.  J.  R.— Order  submitted  that,  act  as 
one  of  the  Chaplains  to  the  Convention,  40. 

Communication  from,  asking  to  be  excused  from 
further  duty  as  Chaplain,  424. 

DAVIS,  JOSEPH  F. — Absence  of,  cause  of,  322. 

Amendment  submitted  by,  682. 

Motions  offered  by,  163,  181,  214,  322,  520,  650, 
bbl,  b77. 

Orders  submitted  by,  26,  65. 

DAVIS,  PEREGRINE — Absence,  leave  and  cause  of  367 
424,539.  •  ’  h 

Amendments  submitted  by,  676,  682,  701. 

Motions  offered  by,  660,  771. 

Resolution  of,  relating  to  enforcing  a  part  of  the 
Constitution  before  its  ratification,  705. 

DAY,  ISHMAEL — Vote  of  thanks  tendered  to,  257,  266 
100 


/ 


794 


DEBATES.— Order  relating  to  furnishing  copies  of  the,  to 
members  within  a  specified  time,  151. 

Motion  offered  by  Mr.  Abbott  to  limit  debate, 
230. 

Amendments  to  same  submitted,  231. 

Vote  limiting  debate,  reconsidered  and  amended 
further,  562,  563,  564. 

Order  offered  by  Mr.  Barron  to  limit  debate, 
650. 


DECLAMATION  OF  MIGHTS— Order  submitted  to  con¬ 
sider  and  report  upon  the,  9. 

Appointment  of  Committee  on  the,  16. 

Meport  of  Committee  on  the,  58,  59,  60,  61,  62, 
63. 


Minority  report  on  the,  63,  64. 

Amendments  submitted  to  majority  report  on 

the  90  94  102,  103,  104,  105,  106,  107,  HO, 
111,  112,  113,  123,  124,  125,  128,  129,  130,  131, 
138,’  139,  140,  144,  145,  150. 


Amendment  submitted  by  Mr.  Briscoe  to  strike 
out  the  word  “paramount,”  from  the  third  line 
of  Article  IV,  of  the,  151. 

Amendment  submitted  to  Article  XXX,  of  the, 


158. 

Amendment  to  Article  XXXI,  159,  160. 

Amendment  to  Article  XXXII,  160,  163. 

Amendment  to  Article  XXXI\  ,  164. 

Amendment  to  Article  XXXV,  and  Article 
XXXVI,  165. 

Motion  to  strike  out  Article  XXXVII  and 
amendments  to  same,  166,  167. 

Amendments  to  Article  XXXVIII,  XXXIX 
and  XLIV ,  167,  169. 

An  additional  Article  submitted  by  Mr.  Jones, 
of  Somerset,  172. 

Amendments  to  same  by  Mr.  Stockbridge,  173. 

Amendments  to  same  by  Mr.  Abbott,  173. 

Order  submitted  by  Mr.  Stockbridge,  to  close 
the  debate  upon  Article  IV,  of  the,  179. 

Amendment  to  same  order,  180. 


795 


ler  the 


DECLARATION  OF  RIGHTS— 

Motion  offered  by  Mr.  Schley,  to  reconsider 
.  vote  on  closing  the  debate  on  Article  IV,  185. 

Proposed  amendments  by  Mr.  Chambers  to  Ar¬ 
ticle  IV,  of  the,  199,  201. 

Motion  offered  by  Mr.  Belt,  to  strike  out  Article 

IY,  200. 

Close  of  debate  on,  and  final  passage  of  Article 
IV,  204. 

Amendment  to  Article  XXIII,  submitted  by 
Mr.  Clarke,  210,  212. 

Amendment  to  same  Article  by  Mr.  Brown,  219, 
222,  224.* 

Order  submitted  by  Mr.  Hebb,  to  close  debate 
on  Article  XXIII,  221. 

Motion  offered  by  Mr.  Berry,  of  Prince  George's, 
to  reconsider  the  vote  on  closing  the  debate  on  Ar¬ 
ticle  XXIII,  222. 

Adoption  of  Article  XXIII,  225. 

Amendment  submitted  by  Mr.  Abbott,  to  Arti¬ 
cle  I,  233. 

By  Mr.  Stockbridge,  234. 

By  Mr.  Briscoe,  234. 

Amended  report  of  Committee  on  the,  read  the 
third  time  and  passed,  235,  236. 

Report  of  Committee  on  Engrossment  and  Re¬ 
vision  on  the  engrossed  copy  of  the,  with  proposed 
amendments,  concurred  in,  434. 

Engrossed  copy  of  the,  from  the  Committee  on 
Engrossment  and  Revision,  720,  721. 

DELLINGER,  HENRY  W. — Absence,  cause  apd  leave  of, 
46,  163,  214,  519. 

Motions  offered  by,  370,  429,  436,  591,  648,  673, 

688. 

Orders  submitted  by,  39. 

Vote  of,  in  favor  of  adoption  of  Bill  of  Rights, 
240. 


DENNIS,  JAMES  U. — Cause  of  absence  of,  284. 

DENNY,  WILLIAM — Appointment  of,  as  assistant  Postmas¬ 
ter,  9. 


DENT,  JOHN  F. — Cause  and  leave  of  absence,  15,  146, 
336. 

Amendments  submitted  by,  562,  673, 

•  Motions  offered  by,  283,  312.. 

Qualification  of,  as  a  member  of  the  Conven 
tion,  228. 

DIVISION  AND  SUB-DIVISION  OF  COUNTIES. — See 

Counties, 

DODSON,  MELANCTHON. — Appointment  of,  as  Page,  72. 
Cause  of  absence  of,  650. 

DOOR-KEEPERS. — Moses  Anders  and  Charles  Whittemore 
appointed,  8. 

Temporary,  to  be  allowed  per  diem  and  mile¬ 
age,  92. 

DRAFT  IN  MARYLAND. — Resolution  of  Mr.  Marbury  in 
relation  to  the,  497. 

Consideration  of  same  postponed.,  524. 

DUVALL,  EDMUND  P. — Absence  of,  cause  and  leave  of, 
17,  228,  367,  539. 

Amendments  submitted  by,  665,  667,  678. 
Motions  offered  by,  124,  133,  183,  370,  539. 
Orders  submitted  by,  56,  214,  710. 


EARLE,  GEORGE — Absence,  leave  of  granted  to,  557, 
Motion  offered  by,  643. 

Reports  of,  from  the  Committee  on  Engrossment 
and  Revision,  434,  686,  704,  710,  720. 

ECKER,  JONAS — Amendment  submitted  by,  681. 

Orders  submitted  by,  12,  18. 

Motions  offered  by,  85,  533. 

EDELEN,  RICHARD  H. — Absence  granted  to,  367,  598. 
Motions  offered  by,  424,  436,  504. 

Amendments^  submitted  b j,  676,  680. 


797 


EDUCATION  AND  THE  ENCOURAGEMENT  OF 

LITERATURE — Committee  proposed  to  consider 
and  report  on,  10. 

Appointment  of  Committee  on,  IT. 

Report  of  Committee  on,  3T2. 

Amendments  to  report,  submitted  by  Messrs 
Todd,  Davis,  of  Washington,  Hebb,  Miller,  Pur¬ 
nell,  Stockbridge,  Schley,  Edelen,  437,  438,  439. 

Also,  by  Messrs.  Stirling,  Sands,  Miller,  Pur¬ 
nell,  Gushing,  Hebb,  Duvall,  Ridgely  and  Davis 
^  Charles,  439,  440,  441,  442,  452,  453,  454,  455* 

Amended  report  engrossed  for  a  third  reading, 
457. 

Read  the  third  time  and  passed,  657. 

Article  VIII,  Constitution,  submitted  by  En¬ 
grossing  Committee,  entitled,  761. 

ELECTION  AND  QUALIFICATION  OF  MEMBERS.— 
Order  adopted  to  appoint  a  committee  on  the,  12. 

Election  in  Montgomery  county  referred  to  the 
Committee  on  the,  17. 

Communication  from  the  Governor,  relating  to 
special  election  in  Charles  county,  40. 

Qualification  of  Mr.  Dent,  228. 

Committee  on  the,  requested  to  report,  240,  241. 

Report  from  the  Committee  on  the,  385. 

Resolutions  offered  by  Mr.  Belt,  declaring  cer¬ 
tain  members  ineligible,  and  their  seats  vacant 
414,  431.  5 

Indefinitely  postponed,  434. 

Report  of  Committee  on,  concurred  in,  435. 

ELECTIVE  FRANCHISE  AND  QUALIFICATION  OF 

VOTERS — Committee  proposed  to  consider  and 
report  upon  the,  10. 

Appointment  of  Committee  on,  16. 

Ordered  that  the  Committee  on,  report  upon 
the,  41.  1 

Additional  members  appointed  on  Committee 
45.  ’ 

Order  to  extend  the  priviliges  of  voters,  72. 


798 

ELECTIVE  FRANCHISE  AND  QUALIFICATION  OF 
VOTERS— 

To  prevent  aiders  and  abettors  of  the  rebellion 
from  bolding  office  in  this  State,  85. 

To  prevent  persons  who  have  left  this  State  vol¬ 
untarily,  and  gone  into  the  rebel  States,  and  such 
as  have  aided  in  the  rebellion  within  the  State, 
from  voting  or  holding  office,  127. 

Report  of  Committee  on,  submitted,  431 

Amendment  proposed  by  Mr.  Scott,  to  report 
on,  434. 

Minority  report  on,  submitted,  449. 

Amendments  to  majority  report  submitted  by 
Messrs.  Scott,.  Brown,  Stirling,  Davis,  of  Chailes, 
Farrow,  Berrv,  of  Prince  George’s,  Audoun,  462, 
463,  464,  465;  466,  467,  468,  469,  470. 

Amendments  submitted  to  section  5,  of  report, 
bv  Messrs.  Scott,  Stirling  and  Stockbridge,  472, 
473. 

Amendments  submitted  to  section  6,  of  report, 
by  Messrs.  Cushing,  Stirling,  Edelen,  Thomas, 
Sands,  Todd,  Thruston  and  Ridgely,  474,  475, 
476. 

By  Mr.  Jones,  of  Somerset,  499. 

By  Mr.  Stirling,  503,  505,  506. 

By  Mr.  Scott,  508. 

By  Messrs.  Stockbridge,  Miller,  Duvall  and 
Stirling,  510,  511,  512,  513. 

Engrossed  for  a  third  reading,  amended,  report 
on,  513. 

Read  third  time  and  passed,  632,  633. 

Engrossed  copy  ot  the  Constitution,  Article  I, 
submitted  by  the  engrossing  coromhtee,  entitled, 
720. 

EMANCIPATION  AND  COLORED  POPULATION— 

Order  submitted  to  refer  all  subjects  connected 
with,  to  the  Committee  on  Bill  ol  Rights,  23,  29. 

Resolution  offered  proposing  to  confer  with  the 
General  Government  and  solicit  aid  in  adopting  a 
system  of,  134. 

Amendments  proposed,  147,  149. 


799 


EMANCIPATION  AND  COLORED  POPULATION— 

Order  submitted  to  provide  for  the  apprentice¬ 
ship  of  minor  negroes,  171. 

Amendment  submitted  by  Mr.  Brown,  to  pro¬ 
vide  for  the  support  of  emancipated  paupers,  219, 
222,  224,  319. 

Amendments  submitted  by  Mr.  Miller,  310,  316. 

ENGROSSMENT  AND  REVISION— Proposition  submitted 
to  appoint  a  committee  on,  12. 

Appointment  of  committee  on,  17. 

Report  from  committee  on,  relating  to  the  exami¬ 
nation  of  copy  of  Bill  of  Rights,  434. 

Report  concurred  in,  672. 

Committee  on,  permitted  to  meet  during  sessions 
of  the  Convention,  643. 

Reports  of  committee  on,  on  various  Articles, 
and  submitting  changes,  686,  704,  710. 

Reports  and  changes  concurred  in,  687,  704 
710. 

Engrossed  copy  of  the  Declaration  of  Rights, 
and  the  Constitution  submitted  by  the  committee 
on,  720. 

ENLISTMENTS — Order  submitted  by  Mr.  Berry,  of  Prince 
George’s,  and  amendment  offered  to  same  by  Mr. 
Stirling,  to  ascertain  the  number  of,  into  the  ser¬ 
vice  of  the  United  States,  from  this  State,  passed, 
reconsidered  and  postponed,  525,  526,  527  541 
542. 

% 

Indefinitely  postponed,  543. 

EVANS,  ALFRED  D. — Appointment  of,  as  Sergeant-at- 
Arms,  8. 

EVENING  SESSIONS — Order  offered  by  Mr.  Stirling,  to 
hold,  272. 

Motion  offered  by  Mr.  Chambers  to  rescind  the 
order  for  holding,  357. 

Motion  offered  by  Mr.  King  to  rescind  the  order 
for  holding,  430,  443. 

Messrs.  Ridgely,  Thomas,  Davis,  of  Charles, 
Todd,  Sykes,  Hoffman,  Schley  and  Harwood,  ex¬ 
cused  from  attending  the,  444. 


800 


EXECUTIVE  DEPARTMENT — Order  submitted  to  consid¬ 
er  and  report  upon  the,  9. 

Committee  appointed  on  the,  16. 

Committee  on,  ordered  to  inquire  into  the  expe¬ 
diency  of  creating  the  office  of  Lieutenant  Gover¬ 
nor,  39. 

Report  of  Committee  on,  444. 

Report  of  minority  Committee  on,  448. 

Amendments  submitted  to  majority  report  by 
Messrs.  Valliant,  Abbott,  Smith,  of  Carroll,  Sands, 
Davis,  of  Charles,  Berry,  of  Prince  George’s, 
Scott,  Stirling,  Stockbridge  and  Thomas,  491, 
492,  493,  494,  495. 

Amendments  submitted  by  Messrs.  Thomas  and 
Miller,  to  sections  23  and  24  of  report  on,  500. 

Engrossed  for  a  third  reading,  501. 

a 

Read  third  time  and  passed,  501. 

Engrossed  copy  of  Constitution,  submitted  by 
engrossing  committee,  Article  11,  entitled,  730. 

EXEMPTION  FROM  EXECUTION— Order  submitted  by 
Mr.  Thomas,  to  provide  for  the,  of  a  certain 
amount  of  a  debtor’s  property,  84. 


F. 


FARROW,  WILLIAM  H.  W. — Absence,  cause  of,  249  and 
479. 

Motions  offered  by,  155,  460,  689. 

Vote  of,  on  resolutions  relating  to  rebel  inva¬ 
sion,  302. 

FOLDERS — Collins  Tatman  and  Charles  Collins,  appoint¬ 
ed,  9. 

Order  by  Mr.  McComas,  relating  to  the  folding 
of  printed  matter  not  published  by  authority  of 
the  Convention,  672. 

FREE  NEGROES  AND  MULATTOES— Order  submitted 
by  Mr.  Clarke  to  exclude,  from  settling  in  this 
State  after  the  adoption  of  this  Constitution,  79. 


FREE  NEGROES  AND  MULATTOES— 

Amendment  to  the  order  submitted  by  Messrs. 
Schley  and  Abbott,  83. 

Amendment  submitted  by  Mr.  Clarke  to  Arti¬ 
cle  XXII,  Bill  of  Rights,  for  the  government, 
regulation  and  disposition  of,  129,  130. 

Amendment  submitted  by  Mr.  Clarke  to  report 
on  the  Legislative  Department,  to  provide  against, 
settling  in  this  State,  405. 

FUTURE  AMENDMENTS  AND  REVISIONS  OF  THE 
CONSTITUTION — Committee  proposed  to  con¬ 
sider  and  report  on,  10. 

Appointment  of  Committee  on,  17. 

Report  of  Committee  on  119. 

Motion  to  take  up  the  report  on,  185. 

Report  taken  up,  374. 

Amendments  submitted  by  Messrs.  Miller, 
Chambers  and  Daniel,  375,  376,  377. 

Vote  on  the  report,  reconsidered,  and  informal¬ 
ly  passed  over,  377. 

Report  as  amended,  read  the  third  time  and 
passed,  388. 

Article  XI,  Constitution,  entitled,  764. 


GALLOWAY,  WILLIAM — Absence,  leave  of  granted  to, 
v  479. 

Amendments  submitted  by,  123,  719. 

Motions  offered  by,  356,  654,  681. 

Orders  submitted  by,  18,  23,  39,  72,  78,  84. 

Reports  of,  from  the  Committee  on  Accounts, 
42,  127,  652. 

GOLDSBOROUGH,  HENRY  H.,  of  Talbot  county— Elec¬ 
tion  of,  as  President  of  the  Convention,  6. 

Address  of,  on  taking  the  Chair,  7. 


101 


802 


GOLDSBOROUGH,  HENRY  H.— 

Resolution  of  thanks  to,  by  Mr.  Chambers, 
709. 

Order  submitted  by,  134. 

Closing  address  of,  as  President  of  the  Conven¬ 
tion,  773. 

GORRELL,  SKIPWITH  C. — Appointed  Committee  Clerk,  8. 

Appointed  Clerk  to  Committee  on  Accounts, 
23,  88. 

GORMAND,  J.  W.,  of  Washington  county — Committee 
on  Accounts  authorized  to  pay  for  services  ren¬ 
dered,  98. 

GREENE,  ALBERT  C.— Leave  of  absence  granted  to,  45, 
524. 

Amendments  submitted  by,  107,  110,  682. 

Motions  offered  by,  68,  196,  703. 

Orders  submitted  by,  133,  684,  702. 

Report  of,  from  Executive  Committee,  444. 


HALL  KEEPER — John  Sullivan,  appointed,  72. 

HAMMOND,  WILLIAM  R. — Relating  to  the  per  diem  and 
mileage  of,  as  Temporary  Post  Master  91. 

HATCH,  SAMUEL  T. — Orders  submitted  by,  85,  209,  257. 

Vote  of,  on  negro  apprenticeship  and  on  amend¬ 
ments  thereto,  600. 

HEBB,  HOPEWELL — Amendments  submitted  by,  124, 
197,  652,  653,  655. 

Motions  offered  by,  3,  11,  39,  45,  57,  65,  92, 
154,  213,  248,  377,  388,  524,  652,  653,  672,  687, 
692. 

Orders  submitted  by,  40,  45,  66,  67,  142,  157, 
174,  175,  221,  242,  650,  709,  771,  773. 

HENKLE,  ELI  J. — Amendments  submitted  by,  164,  167, 
672. 


803 


HENKLE,  ELI  J. 

Motion  offered  by,  206. 

Order  submitted  by,  17- 

Resolution  submitted  by,  651. 

j  i 

HOFFMAN,  WILLIAM  H. — Absence,  cause  and  leave  ot, 
479,  538. 

Orders  submitted  by,  15,  152,  649. 

HOLLYDAY,  GEORGE  S. — Absence  granted,  356,  471. 

Motion  offered  by,  636. 

Report  of,  from  the  minority  Committee  of  the 
Legislative  Department,  209. 

HOPKINS,  JOEL — Absence,  cause  and  leave  of,  367,  557, 
598,  705. 

Amendment  submitted  by  to  report  on*Legisla- 
tive  Department,  565. 

HOPPER,  JOHN  A. — Absence,  cause  and  leave  of,  539, 
661. 

Motion  offered  by,  640. 

HORSEY,  JOHN  C. — Absence,  cause  of,  424. 


1. 


INDEX — Daniel  M.  Moore,  appointed  to,  the  Journal  of 
Proceedings  and  Debates,  86. 

Order  to  pay  an  additional  sum  for  the  work  on 
the,  702. 

INTEREST  AND  USURY — Committee  proposed,  to  con¬ 
sider  and  report  upon  laws  governing,  18. 

»  ' 

Committee  appointed,  18. 

Report  of  Committee  on,  520. 

Amendments  submitted  to  report  on,  by  Messrs. 
Daniel,  Stirling  Chambers,  Schley,  Ridgely, 
Clarke,  Miller,  Hebb,  Thruston  and  Cushing,  551, 
552,  553,  554,  555,  556,  557. 


804 


INTEREST  AND  USURY— 

Amended  report  on,  ordered  to  be  engrossed  for 
a  third  reading,  557. 

Petition  from  members  of  the  Corn  Exchange, 
praying  the  adoption  of  the  report  on,  652. 

Yote  on  the  report,  reconsidered,  amended,  read 
the  third  time  and  passed,  700. 

INTERNAL  IMPROVEMENTS— Sale  of  State’s  interest 
in, 

See  Public  Works. 

INVASION  OF  MARYLAND— Resolutions  offered  by  Mr. 

Cushing,  relating  to  the,  by  the  rebels,  247,  249. 

Order  submitted  by  Mr.  Schley,  to  re-imburse 
loyal  citizens  for  losses  sustained  by  the,  by  levy- 
m  ing  upon  the  property  of  rebel  sympathizers, 
257. 

Order  offered  by  Mr.  Sands  to  furnish  copies  of 
the  order  of  Mr.  Schley,  to  the  President  and 
military  authorities,  264. 

Vote  ot  Mr.  Farrow  upon  the  order  and  reso^ 
lutions  relating  to  the,  302. 

Vote  of  Mr.  Blackiston.  326. 

Vote  of  Messrs.  Clarke,  Mace,  Marbury  and 
Ridgely,  327. 

ISAACS,  CHARLES  0. — Appointment  of,  as  Page,  72. 


j. 


JOHNSON,  AL WARD— Cause  of  absence  of,  181,  629. 

JOHNSON,  GEORGE,  of  Cecil  county — Appointed  Com¬ 
mittee  Clerk,  8,  88. 

JONES,  ISAAC  D, — Absence,  cause  of,  367,  557. 

Amendments  submitted  by,  90,  94,  113,  129, 
160,  164,  167,  172,  499. 

Motions  offered  by,  45,  284,  305,  307,  495, 
704. 

Orders  submitted  by,  11. 


805 


* 


JORDAN,  H.  P.,  (State  Librarian,) — Petition  bf,  asking  an 
increase  of  salary,  26. 

JOURNAL  OF  DEBATES  AND  PROCEEDINGS— Order 
relating  to  the  binding  and  distribution  of  copies 
of,  by  the  State  Librarian,  315. 

Order  of  Mr.  Hebb,  to  have  copies  of  the,  for¬ 
warded  to  members  after  adjournment,  650. 

Amendments  submitted  to  Mr.  Hebb’s  order  in 
regard  to  forwarding  copies  of  the,  to  members, 
682,  683. 

Order  submitted  by  Mr.  Hebb,  authorizing  the 
Librarian  to  receive  and  distribute  bound  copies 
of  the,  709. 

Amended  by  Mr.  Abbott  and  adopted,  710. 

JUDICIARY  DEPARTMENT — Committee  proposed  to  con" 
sider  and  report  upon  the,  10. 

Appointment  of  Committee  on  the,  16. 

Orders  submitted  to  appoint  additional  mem¬ 
bers  to  the  Committee  on,  22,  41. 

Statement  submitted  by  Comptroller,  showing 
amount  paid  Special  Judges  and  Counsel,  34. 

Committee  on  the,  ordered  to  inquire  into  the 
expediency  of  dividing  the  sixth  Judicial  Cir¬ 
cuit,  39. 

Committee  on,  to  inquire  how  far  this  Conven¬ 
tion  is  limited  in  its  powers,  40. 

Order  relating  to  the  jurisdiction  of  the  Or¬ 
phans’  Court,  42. 

Order  relating  to  Judges,  44. 

Order  submitted  relating  to  sessions  of  the 
Committee  on  the,  144. 

Order  submitted  by  Mr.  Hatch,  to  provide  that 
no  officer  be  held  responsible  for  acts  done  by  him 
under  authority  from  the  Federal  Government, 
referred  to  Committee  on,  209. 

Order  submitted  by  Mr.  Duvall,  to  provide  for 
the  Codification  of  decisions  of  the  Court  of  Ap¬ 
peals,  214. 

Petitions  praying  a  change  in  the  Court  of 
Appeals,  referred  to  Committee  on,  256,  326. 

Order  submitted  by  Mr.  Belt,  to  allow  citizens 


i 


806 


JUDICIARY  DEPARTMENT— 

having  claims  against  the  State,  to  institute  suit 
in  the  Circuit  Courts,  &c.,  385. 

Report  of  Mr.  Stockbridge,  from  the  Committee 
on  the,  submitted,  415. 

Amendments  submitted  to  report  on,  by  Mr. 
Thomas,  483,  484,  485,  486,  487,  488. 

By  Mr.  Daniel,  489,  490,  491. 

By  Mr.  Scott,  491. 

By  Mr.  Smith,  of  Dorchester,  500. 

Order  submitted  by  Mr.  Stockbridge,  relating 
to  proceedings  on  the,  proposing  to  offer  both  sys¬ 
tems  of  election  and  appointment  of  Judges,  509. 

Amendment  submitted  by  Mr.  Morgan,  to  sec¬ 
tion  38,  of  the  report  on,  relating  to  the  election, 
term  of  office,  &c. ,  of  Sheriffs,  509. 

An  additional  section  submitted  by  Mr.  Todd, 
to  provide  for  the  apprenticeship  of  negroes  by 
the  Orphans’  Courts,  513 

Amendments  submitted  to  section  2  and  3,  by 
Messrs.  Abbott,  Thruston,  Stirling,  Davis,  of 
Charles,  and  Thomas,  514,  515,  516. 

Amendments  to  sections  9  and  10,  submitted  by 
Messrs-  Daniel  and  Negley,  520. 

Amendments  submitted  by  Messrs.  Thruston, 
Stirling,  Belt  and  Sands,  to  sections  9,  10  and  11, 
521,532,523. 

Amendments  submitted  by  Messrs.  King,  Mul- 
likin,  Jones,  of  Somerset,  Chambers,  Thruston, 
Abbott,  Dent,  Thomas,  Berry,  of  Prince  Geor¬ 
ge’ s,  Miller,  Marbury,  Davis,  of  Washington, 
Hebb  and  Clarke,  to  section  11,  12,  14,  16,  17, 
19,  20  and  21  —527,  528,  529,  530,  531,  532, 
533,  534,  535,  536,  537. 

Amendment  submitted  by  Mr.  Clarke,  relating 
to  Circuit  Courts,  539,  540. 

Orders  and  amendments  submitted  to  report  on, 
by  Messrs.  Audoun,  Sands,  Stirling,  Schley, 
Ridgely  and  Mayhugh,  558,  559,  560. 

Amendments  submitted  to  sections  informally 
passed  over  from  pages,  565  to  598. 

Also  from  pages  615  to  626. 


807 

JUDICIARY  DEPARTMENT _ 

Also  on  pages  652,  653  and  654. 

Report  as  amended  ordered  to  be  printed,  655. 

Order  submitted  by  Mr.  Chambers  to  amend 
the  report  so  as  to  allow  parties  to  suits  to  select 
some  one  learned  in  the  law,  to  act  as  Jud^e  in 
their  cause — adopted,  659. 

Vote  upon  section  29,  reconsidered  and  amend¬ 
ed,  689. 

Section  27  amended,  691. 

Sections  34,  41,  42,  46  and  47,  amended,  691, 
by  2.  7  ’ 

Engrossed  copy  of  Article  IV,  part  I.  of  the 
Constitution,  entitled  “Greneral  Provisions,”  744 

Part  II,  entitled  “Court  of  Appeals,”  747. 

PartHI,  entitled  “Circuit  Courts,”  748 

Part  IV,  entitled  “Courts  of  Baltimore  city  ” 
750. 

Part  V,  entitled  “'Orphan’s  Courts,”  752. 

Part  VI,  entitled  “Justices  of  the  Peace,” 

I  OO. 

Part  VII,  entitled  “Sheriffs,  &c.,”  754. 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES— Or¬ 
der  to  provide  a  mode  of  Compensating,  42 
Relating  to  the  election  of,  43. 

Report  of  Judiciary  Committee  in  relatiou  to, 

*X  jLI  A  , 

Amendments  submitted  by  Mr.  Thomas  to  Ju- 
diciary  report,  in  relation  to,  488. 

Amendment  submitted  by  Mr.  Smith,  of  Dor¬ 
chester,  to  provide  for  the  appointment  of,  500. 

Amendments  submitted  by  Messrs.  Audoun  and 
others,  relating  to,  in  Baltimore  city,  and  the 

counties,  617,  618,  619,  620,  621,  622,  623.  624 
bzo.  5 

.  Amendments  by  Mr.  Hebb,  to  provide  for  fill¬ 
ing  vacancies  by  appointment,  653. 

...  Engrossed  copy  of  Constitution,  Article  IV 
Part  VI,  entitled,  753.  ’ 


808 


KENNARD,  BALTUS  H. — Absence,  leave  of,  granted  to, 
23,  228. 

Amendment  submitted  by,  681. 

Motions  offered  by,  9,  56,  222,  355,  681,  688. 
Order  submitted  by,  12, 

Report  submitted  by,  46. 

KING,  DAYID  — Cause  of  absence  of,  557. 

Amendment  submitted  by,  106. 

Motions  offered  by,  24,  56,  208,  430,  482. 
Orders  submitted  by,  66,  127. 


LAMP-LIGHTER— John  T.  Wright  appointed,  72. 

LAND  OFFICE — (Commissioner  of  the,) — Report  of  Com¬ 
mittee  on  appointments,  section  2,  relating  to  the 
election,  duties,  salary  and  term  of  office  of,  99. 

LANSDALE,  THOMAS— Leave  of  absence  granted  to,  29. 

Motion  offered  by,  228. 

Report  of,  from  the  minority  of  the  Committee 
on  Schedule,  611,  612. 

LECTURE— Order  submitted  by  Mr.  Hebb,  to  grant  the  use 
of  the  Hall  to  Capt.  A.  R.  Calhoun,  to  deliver  a, 
on  “Life  in  Libby  Prison.”  176,  195. 

LEE,  JOHN — Amendment  submitted  by,  to  order  of  Mr. 

Ridgely,  relating  to  per  diem  and  mileage,  707. 

LEGISLATIVE  DEPARTMENT — Appointment  of  a  Com¬ 
mittee  proposed  to  consider  and  report  upon 
the,  10. 

Appointment  of  Committee  on,  16. 

Committee  on,  ordered  to  inquire  into  the  ex¬ 
pediency  of  reducing  the  number  of  members  in 


809 


LEGISLATIVE  DEPARTMENT— 

tiie  House  of  Delegates,  and  of  holding  annual 
sessions,  26. 

Order  submitted  by  Mr.  Nyman  to  abolish  the 
clause  disqualifying  ministers  from  being  eligible 
to  seats  in  the  Legislature,  33. 

Proposition  submitted  to  increase  the  number 
of  members  of  the  Committee  on,  45. 

Order  relating  to  taxing  the  State  for  Works  of 
internal  Improvement,  85. 

Oiclei  relating  to  the  time  of  bolding  general 
elections,  so  that  the  next  may  occur  at  the  time  of 
Presidential  Election,  88. 

Committee  on  to  enquire  into  the  expediency  of 
accepting  the  accession  of  contiguous  territory, 

Report  from  the  Committee  on  the,  186. 

Report  from  the  minority  on  the,  209. 

Amendments  submitted  to  the  majority  report 
on  the,  by  Messrs.  Stockbridge,  Clarke,  Abbott 
and  Thomas,  237. 

By  Messrs.  Schley,  Ridgely,  Miller,  Clarke, 
Peter  and  Daniel,  243,  249. 

Amendments  to  report  on,  by  Messrs.  Belt, 
Miller,  Schley,  Chamber,  Scott,  Stirling  and 
Ridgely,  250,  258,  259,  260. 

By  Messrs.  Henkle,  Stockbridge,  Miller,  Schley 
and  Ridgely,  268,  269,  270. 

Order  submitted  by  Mr.  Pugh  to  limit  debate 
on  the  report;  laid  on  the  table, "272. 

Amendments  submitted  by  Messrs.  Ridgely, 
Belt,  Daniel,  Negley,  Stirling  and  Stockbridge, 
277,  278,  279,  280,  281,  282. 

By  Messrs.  Ridgely  and  Chambers,  287. 

By  Messrs.  Stockbridge,  Belt,  Valliant,  Edelin 
and  Keefer,  290,  291,  292,  293,  294,  295,  296. 

By  Messrs.  Chambers, 'Hebb,  Russell,  Ridgely, 
Miller,  Negley,  Duvall  and  Pugh,.  297,  298, "299, 
300,  301,  302.  J 

By  Mr.  Clarke,  303. 

By  Mr.  Davis,  of  Charles,  304. 

By  Mr.  Brown,  306. 


102 


810 


LEGISLATIVE  DEPARTMENT-- 

By  Mr.  Dent,  309. 

By  Mr.  Miller,  310. 

By  Mr.  Jones,  of  Somerset,  311. 

By  Messrs.  Miller,  Duvall,  Jones,  •  Stirling, 
Stockbridge  and  Ridgely,  317,  318,  319,  320,  32l, 
322. 

An  additional  section  submitted  by  Mr.  Clarke, 
to  require  the  Legislature  to  provide  a  mode  by 
which  owners  of  slaves  may  have  some  evidence 
of  previous  ownership,  332,  337,  339,  404. 

Amendments  submitted  to  Mr.  Clark’s  amend¬ 
ment,  bv  Messrs.  Belt  and  Barron,  334. 

Proceedings  on  section  39,  report  on,  in  regard 
to  sale  of  State’s  interest  in  Public  Works,  345, 
346,  347,  348,  349,  368,  369,  391,  392,  393,  394, 
395,  396,  397,  398,  399,  400,  401,  402,  303,  404. 

Amended  report  on,  ordered  to  be  engrossed  for 
a  third  reading,  407. 

Amendment  submitted  by  Mr.  Hopkins,  565. 

Report  as  amended,  read  the  third  time  and 
passed,  634. 

Engrossed  copy  of  the  Constitution,  Article 
III,  entitled,  734. 

LIBRARIAN — See  State  Librarian. 

LIEUTENANT  GOVERNOR — Order  submitted  to  inquire 
into  the  expediency  of  creating  the  office  of  a,  39. 

Report  of  Committee  on  the  Executive  Depart¬ 
ment  providing  for  the  election  of  a,  and  defining 
his  duties,  445. 

LONGSDORF,  A.  J. — Appointment  of,  as  Postmaster,  8. 

LORD,  WILLIAM  BLAIR — Appointment  of,  as  Official 
Reporter,  to  the  Convention,  86. 


811 


M. 


McCOMAS,  GEORGE  M. — Absence,  leave  of  granted  to  * 
356,  499,  598. 

Amendment  submitted  by,  316. 

Motion  offered  by,  657. 

Orders  submitted  by,  25,  286,  672. 

McCULLY,  WILLIAM* R.— Appointment  of,  as  Committee 
Clerk,  8,  87. 

MACE,  WILLIAM  H. — Motion  offered  by,  207. 

Orders  submitted  by,  327. 

McGARIGLE,  JOHN— Appointment  of,  as  Revising  Clerk, 
72,  86. 

Appointment  of,  as  Assistant  Secretary,  349. 

Order  adopted  to  pay,  for  extra  services  render¬ 
ed  as  Revising  Clerk,  702. 

McNEMAR,  .REV.  MR. — Appointment  of  as  one  of  the  Chap¬ 
lains  to  the  Convention,  40. 

MARBURY,  FEND  ALL — Leave  of  absence  granted  to,  29, 
39. 

Amendment  submitted  by,  103. 

Motions  offered  by,  327,  678. 

Preamble  and  resolutions  submitted  by,  in  rela¬ 
tion  to  the  draft  in  Maryland,  496. 

MARKEY,  DAVID  J. — Motions  offered  by,  25,  268. 

Orders  submitted  by,  42,  79. 

MARRIAGES — Amendment  submitted  by  Mr.  Russell,  to 
the  report  on  the.  Legislative  Department,  to  pro¬ 
vide  for,  by  Ministers,  Mayors,  or  Justices  of  the 
Peace,  or  according  to  the  usages  of  Quakers,  and 
to  provide  for  the  registration  of  all,  297. 

Amendments  submitted  to  Mr.  Russell  s  proposi¬ 
tion,  by  Messrs.  Belt,  Sands,  Stirling  Hebb  and 
Duvall,  323,  324,  325,  326,  328. 

Amendment  submitted  by  Mr.  Stirling,  to  pro¬ 
vide  for  the  registration  of  Births,  Marriages  and 
Deaths,  and  to  provide  for,  by  persons  having  con¬ 
scientious  scruples,  before  any  Judge  or  Clerk  of 


812 


# 


M  ARRIAGES— 

Court  of  Record,  Judge  of  Orphans’  Court,  or 
Mayor  of  any  city  of  this  State,  adopted,  329,  330, 
331. 

'  MAYHUGH,  JAMES  P. — Absence,  leave  and  cause  of,  88, 
499,  591. 

Motions  offered  hy,  444,  650,  702. 

Orders  submitted  by,  42,  163. 

MARYLAND  SOLDIERS — Resolution  offered  by  Mr.  Stir¬ 
ling,  tendering  the  thanks  of  the  people  of  Mary¬ 
land  to,  in  the  army  of  General  Grant,  65,  84. 

MEDCALF,  JOHN  A.  J. — Appointment  of,  as  one  of  the 
Pages  in  the  Convention,  72. 

MILEAGE — See  'per  diem. 

MILITARY  INTERFERENCE  AT  ELECTIONS— Amend¬ 
ment  submitted  by  Mr.  Henkle  to  section  2,  re¬ 
port  on  Schedule,  to  guard  against,  and  to  provide 
that  the  Governor  shall  order  new  elections  as 
often  as  such  interference  shall  take  place,  672, 
673,  not  adopted. 

MILITIA  AND  MILITARY  AFFAIRS— Committee  pro¬ 
posed  to  consider  and  report  upon,  10. 

Appointment  of  Committee  on,  17. 

Report  of  Mr.  Berry,  of  Baltimore  county,  from 
the  majority  of  Committee  on,  517. 

Report  of  Mr.  Wickard  from  the  minority,  518. 

Order  submitted  hy  Mr.  Audoun,  to  have  the 
report  of  minority  on,  printed  in  hill  form  and 
furnished  to  members  of  the  Convention,  537. 

Amendments  submitted  hy  Mr.  Russell,  to  sec¬ 
tion  1,  majority  report  on,  to  relieve  such  persons 
as  are  conscientiously  opposed  to  bearing  arms  on 
account  of  religious  scruples,  from  doing  military 
duty,  adopted,  626. 

Amendment  submitted  by  Mr.  Negley .  to  exempt 
from  military  duty,  all  married  men  between  eigh¬ 
teen  and  forty-five,  whose  families  are  dependent 
upon  their  daily  labor,  643. 

Amendments  to  majority  report  on,  submitted 
to  sections  2  and  3,  hy  Messrs.  Wickard,  Ridgely, 
Stockbridge,  Belt,  Audoun  and  Stirling,  646, 
647. 


813 


MILITIA  AND  MILITARY  AFFAIRS— 

An  additional  section  submitted  by  Mr.  Wick- 
ard,  providing  a  mode  for  the  choosing  or  appoint¬ 
ment  of  officers,  lost,  647. 

Amended  report  on,  ordered  to  be  engrossed  for 
a  third  reading,  648. 

Read  the  third  time  and  passed,  662,  663. 

Article  IN,  Constitution,  as  submitted  by  the 
Committee  on  Engrossment,  entitled,  763. 

MILLER,  ALFRED — Order  submitted  by  Mr.  Sneary,  to 
pay,  for  services  as  temporary  Page,  41. 

MILLER,  OLIVER — Amendments  submitted  by,  to  various 
propositions  before  the  Convention,  111,128,  162, 
164,  165,  250,  452,  665. 

Motions  offered  by,  20,  22,  149,  237,  279,  377, 
431,  479,  683,  691. 

Order  submitted  by,  for  permission  to  have  the 
balance  of  a  speech  not  delivered  in  Convention, 
printed  with  the  Debates,  not  adopted,  178. 

Order  submitted  by,  requiring  cases  in  the  Court 
of  Appeals  to  be  decided  within  three  months, 
adopted,  229. 

Report  of,  from  the  minority  of  Committee  on 
Executive  Department,  448. 

MITCHELL,  JOHN  W. — Absence,  leave  of  granted  to,  367. 

MONTGOMERY  COUNTY — Communication  from  the  Gov¬ 
ernor,  in  relation  to  the  election  held  in,  for  mem¬ 
bers  of  the  Convention,  16. , 

MOORE,  DANIEL  M. — Appointment  of,  to  index  the  Jour¬ 
nals  of  Debates,  Proceedings  and  the  Constitution, 
86. 

Order  submitted  by  Mr.  Valliant,  to  allow  extra 
compensation  for  his  services,  702. 

MORGAN,  GEORGE  W. — Amendment  submitted  by,  to 
section  38,  of  Judiciary  report,  in  relation  to  the 
office  of  Sheriff,  509, 

Motions  offered  by,  25,  256,  384. 

Order  offered  by,  in  relation  to  adjournment, 
538. 

Vote  of,  in  favor  Mr.  Brown’s  amendment  to, 
and  against  Article  XXIII,  Bill  of  Rights,  240. 


814 


MULLIKIN,  JOHN  F. — Absence,  cause  and  leave  of,  382 
5T4. 

Motions  offered  by,  217,  265,  599. 

Order  submitted  by,  to  prevent  persons  having 
voluntarily  left  the  State  and  gone  into  the  rebel¬ 
lious  States  from  voting,  or  holding  office  hereafter 
in  this  State,  126. 

.  Order  submitted  by,  to  hold  three  daily  sessions 
till  adjournment,  613. 

Resolution  submitted  by,  to  prevent  members 
who  are  absent  without  leave,  from  receiving  their 
per  diem  while  absent,  89. 

MURRAY,  FRANCIS  T. — Motion  offered  bjr,  to  send  the 
Sergeant-at-Arms  after  absent  members,  460, 


NEG-LEY,  PETER — Absence,  leave  of,  granted  to,  661. 

Amendment  submitted  by,  to  order  of  Mr. 
Chambers,  in  regard  to  arrangement  of  seats,  4. 

Amendment  submitted  by,  to  resolutions  of  Mr. 
Clarke,  proposing  to  abolish  slavery,  and  suggest¬ 
ing  the  propriety  of  remunerating  loyal  slave¬ 
holders,  147. 

Amendment  submitted  by,  on  an  order  to  ad¬ 
journ,  694. 

Amendment  submitted  by,  to  an  amendment  of 
Mr.  Belt,  on  limiting  the  rate  of  interest  on 
money,  697. 

Orders  submitted  by,  84,  88,  92. 

Report  of,  from  a  Select  Committee,  368. 

Report  of,  from  the  Committee  on  the  Treasurv 
Department,  386. 

Motions  offered  by,  279,  666,  682,  705. 

Resolution  submitted  by,  on  the  question  of 
representation,  29. 

NOBLE,  TWIFORD  S. — Absence,  cause  of,  84,  302,  630. 

Vote  of,  on  Mr.  Brown’s  amendment  to  Article 
XXIII,  Bill  of  Rights,  229. 


815 


NYMAN,  LEWIS  B. — Order  submitted  by,  to  abolish  the 
clause  disqualifying  Ministers  from  being  eligible 
to  seats  in  the  Legislature,  33. 

Motion  offered  by,  46. 


o. 


OATH  01  OFFICE  AND  ALLEGIANCE — Amendment 
proposed  by  Mr.  Scott,  to  the  report  on  Elective 
Franchise,  prescribing  the,  to  be  taken  by  all 
civil  officers,  451. 

Amendment  proposed  by  Mr.  Stirling,  to  insert 
a  new  section  in  place  of  section  two  of  the  report 
on  Elective  Franchise,  prescribing  the,  to  be  taken 
before  any  person  shall  be  entitled  to  vote,  464. 

Amendments  submitted  by  Mr.  Jones,  of  So¬ 
merset,  to  amendments  by  Messrs.  Scott  and  Stir¬ 
ling,  499. 

Amendment  to  report  of  Committee  on  Schedule, 
submitted  by  Mr.  Stirling,  in  relation  to,  680. 

Order  to  engraft  in  the  new  Constitution  a  pro¬ 
vision  requiring  all  officers  retained  in  office  un¬ 
der  the  old  Constitution  to  take  the  same  oath 
that  new  officers  are  required  to  take,  67,  451 
463,  503. 

OFFICERS  OF  THE  CONVENTION— Appointment  of 

8,  72.  * 

Order  relating  to  the  per  diem  and  mileage 
of,  40. 

Report  on  per  diem  and  mileage  of,  42. 

Action  in  relation  to  the  absence  of,  181. 

ORDERS — That  the  President  appoint  the  Pages,  Lamp¬ 
lighters  and  Hall-keeper  for  the  Convention,  9. 

That  a  Committee  be  appointed  to  prepare  and 
report  rules  for  the  government  of  the  Conven¬ 
tion,  9. 

That  Standing  Committees  be  appointed  for 
altering  or  amending  the  several  distinct  subjects 
embraced  in  the  Constitution,  9. 


816 


ORDERS 


) 


\ 


That  Standing  Committees  of  five  members 
each,  be  appointed,  12. 

That  additional  copies  of  the  daily  Journal  be 
printed  for  use  of  members,  12,  27,  66. 

That  the  Convention  adjourn  from  Thursday, 
April  28th,  to  Tuesday,  May  3rd,  12. 

That  the  Convention  meet  daily  at  12  o’clock, 
until  further  orders,  12. 

That  the  President  appoint  a  Committee  on  the 
Election  and  Qualification  of  Members,  12. 

That  the  Librarian  furnish  each  Member  with 
a  copy  of  the  Convention  Law  and  Constitution, 
adopted,  13. 

That  a  vote  of  thanks  be  tendered  to  Mr.  Pugh, 
for  the  discharge  of  the  duties  of  temporary  Se¬ 
cretary,  adopted,  13. 

That  all  printed  matter  furnished  to  Members 
be  also  furnished  the  Official  Reporter  and  the 
Reporters  of  the  Press,  14. 

•That  the  Librarian  furnish  each  Member  with 
a  copy  of  the  “American  Constitutions,”  15. 

That  a  list  of  the  standing  Committees  be 
printed  for  use  of  members,  17. 

That  the  United  States  flag  be  hoisted  over  the 
dome,  during  the  sessions  of  the  Convention,  18. 

That  a  Committee  be  appointed  to  consider  and 
report  upon  the  question  of  “Interest  and  Usu¬ 
ry,”  18. 

That  the  Chaplains  to  the  .  Convention  be  re¬ 
quired  to  take  the  oath  taken  by  the  members, 
18. 

That  the  Comptroller  furnish  a  statement  of 
the  amount  paid  by  the  State,  to  special  judges 
and  counsel,  18. 

That  a  deputation  from  Baltimore  city  he  in¬ 
vited  to  seats  in  the  Convention,  19. 

That  the  Convention  decline  the  invitation  to  re¬ 
move  its  sessions  to  Baltimore  city,  20,  21. 

That  the  number  of  tax  payers  in  each  county 
and  city  of  the  State  he  ascertained,  25,  26. 

That  General  Wallace  and  other  officers  he  in¬ 
vited  to  visit  the  Convention,  26. 


817 


ORDERS— 

That  the  expediency  of  reducing  the  number  of 
Delegates  to  the. Legislature,  and  of  holding  an¬ 
nual  sessions,  be  inquired  into,  26. 

That  Ministers  of  the  Gospel  shall  not  be  dis¬ 
qualified  from  serving  as  Legislators,  33. 

That  the  expediency  of  creating  the  office  of 
Lieutenant  Governor  be  inquired  into,  39. 

That  the  Sixth  Judicial  Circuit  be  divided,  39. 

In  relation  to  the  per  diem  and  mileage  of  of¬ 
ficers  of  the  Convention,  40. 

h/t'at8'*  ^ie  ^ev  ^  Messrs.  Davenport,  Patterson, 
McNemar  and  Owen,  be  requested  to  alternate  as 
Chaplains  to  the  Convention,  40. 

That  the  Judiciary  Committee  be  increased,  41. 

That  Alfred  Miller  and  Thomas  Corkran  be 
paid  as  temporary  pages,  41,  79. 

.  That  the  Orphans  Court  have  certain  jurisdic¬ 
tion,  42. 

That  the  mode  of  compensating  Justices  of  the 
Peace  be  changed,  42. 

That  a  revising  Clerk  be  appointed,  43. 

That  certain  Committees  be  increased,  45. 

That  the  office  of  Commissioner  of  Public  Works 
be  abolished,  46. 

1  Ixdt  the  office  of  County  Treasurer  be  created 
'  65.  1  3 

That  the  testamentary  system  be  amended,  79. 

That  free  negroes  and  mulattoes  shall  not  set¬ 
tle  in  this  State,  after  the  adoption  of  this  Con¬ 
stitution,  79. 

That  aiders  and  abettors  of  the  rebellion  shall 
be  disqualified  from  holding  office,  85. 

That  the  faith  of  the  State  shall  not  hereafter 
be  pledged  for  Works  of  InternalXmprovement,  85. 

Ihat  the  expediency  of  dividing  Baltimore  city 
and  the  counties,  into  Electoral  Districts,  be  in¬ 
quired  into,  88. 

.  That  the  time  of  holding  General  Elections  be 
m  quired  into,  88. 

That  the  rules  and  orders  be  printed  in  pamph¬ 
let  form,  for  use  of  members,  98. 


103 


/ 


818 

ORDERS— 

That  it  be  entered  on  the  Journal,  what  mem¬ 
bers  are  responsible,  by  reason  of  their  absence, 
for  the  delay  in  the  proceedings,  497. 

That  members  absent  without  leave  shall  re¬ 
ceive  no  per  diem  for  the  time  they  are  absent, 
498. 

That  an  Assistant  Secretary  be  appointed  in  the 
absence  of  the  Secretary,  565. 

That  no  more  certificates  for  per  diem  be  is¬ 
sued  till  the  close  of  the  session,  583. 

That  three  daily  sessions  be  held,  613. 

That  a  contract  be  made  for  the  printing  of 
six  thousand  copies  of  the  Constitution,  and  that 
the  Librarian  distribute  the  same,  615. 

That  the  Librarian  be  compensated  for  extra 
services  rendered  the  Convention,  628. 

That  the  President  be  authorized  to  pay  cer¬ 
tain  claims,  when  made  out  and  presented,  629. 

ORPHANS’  COURTS— Relating  to  the  jurisdiction  of  the, 
42. 

Relating  to  the  expediency  of  abolishing  the, 
45. 

Order  submitted  by  Mr.  Audoun  to  authorize 
the,  to  ratify  and  confirm  sales  of  real  estate,  223. 

To  authorize  guardians  and  administrators  to 
lease  property  belonging  to  deceased  persons,  229. 

Report  of  Judiciary  Committee  in  relation  to, 
585  to  598. 

Amendment  submitted  to  section  24,  Judiciary 
Report  relating  to  Judges  of,  626. 

Engrossed  copy  of  Constitution,  Article  IV, 
part  IV,  entitled,  752. 


819 


P. 


PAGES— Ordered  that  the  President  appoint  four,  for  the 

Convention,  9. 

Appointment  of,  72. 

Order  submitted  to  pay  temporary,  41,  79. 

Order  submitted  to  appoint  an  extra  Page,  92. 

PARAMOUNT  ALLEGIANCE — See  Allegiance. 

PARKER,  CALEB — Appointment  of,  as  chief  Page,  72. 

PARRAN,  CHARLES  S. — Leave  of  absence  granted  to,  29. 

Amendment  submitted  to  section  21,  Judiciarv 
Report,  653. 

Motion  offered  by,  26. 

PATTERSON,  RE\EREND  MR. — Appointment  of,  as  one 
of  the  Chaplains  to  the  Convention,  40. 

See  Chaplains. 

PER-DIEM— Order  submitted  that  the,  of  members  cease 
after  June  27th,  93. 

Amendment  submitted  by  Mr.  Ridgely  to  report 
on  Legislative  Department,  fixing  the,  for  the 
member  of  General  Assembly;  243. 

Order  submitted  by  Mr.  Greene  to  adjust  the, 
and  mileage  of  members  of  the  Convention,  702* 

Order  submitted  by  Mr.  Ridgely  to  allow  the 
President  and  Committee  on  Accounts,  extra  707 
708,  709.  5  ? 

Amendment  by  Mr.  Lee  to  adjust  the  mileage 
according  to  joint  resolution  of  last  General  As¬ 
sembly,  707,  715,  716,  7 17,  718. 

PETER,  GEORGE. — Absence  of,  cause  and  leave  of  29 
133,  246,  395,  539. 

_  Amendment  submitted  to  Article  II,  Declara¬ 
tion  of  Rights,  relating  to  appointment  of  Provost 
Marshals  and  Military  Commandants,  102. 

Motions  offered  by,  17,  67,  113,  208.  * 


9 


820 


PETITIONS — From  PI.  P.  Jordan,  State  Librarian,  praying 
an  increase  of  salary,  26. 

From  citizens  of  Kent  county,  praying  an  al¬ 
teration  in  the  sessions  of  the  Court  of  Appeals, 
256,  326. 

From  citizens  of  Queen  Anne's  county,  praying 
a  change  in  the  Court  of  Appeals,  326. 

From  Caroline  county,  praying  for  a  session  ot 
the  Court  of  Appeals  at  Easton,  482. 

From  the  Corn  Exchange  of  Baltimore,  pray¬ 
ing  the  adoption  of  the  report  on  Interest  and 
Usury,  652. 

POST  MASTER — A.  J.  Longsdorf  appointed,  8. 

William  "Denny  appointed  assistant,  8. 

Order  relating  to  pay  of  temporary,  91. 

Order  relating  to  franking  foreign  matter  by 
the,  672. 

PRESIDENT — IPenry  Stockhridge  chosen,  pro  tern,  3. 

Henry  H.  Goldsborough,  chosen  permanent,  6. 

Vote  of  thanks  tendered  to  the,  and  others, 
256. 

* 

Resolution  by  Mr.  Chambers  tendering  thanks 
to  the,  709. 

Opening  address  ot  the,  7. 

Closing  address  of  the,  773. 

PRINTING — See  Reporting  and  Printing. 

PROVISIONS  AND  ORDINANCES— FOR  CARRYING 
INTO  EFFECT  ANY  AMENDMENTS  TO 
THE  CONSTITUTION' — Proposition  to  appoint 
a  Committee  to  consider  and  report  upon  a 
Schedule  of,  10. 

Committee  on,  appointed,  17. 

To  provide  for  Civil  Officers  retained  taking 
the  oath  required  of  New  Officers,  67. 


* 


Report  of  majority  of  Committee  on,  600. 

Report  of  minority  of  Committee  on,  611. 

Amendments  submitted  to- report  of  majority 
on,  664  to  681. 

Ordered  to  be  engrossed  for  a  third  leading, 
681. 


821 


PROVISIONS  AND  ORDINANCES— FOR  CARRYING 
INTO  EFFECT  ANY  AMENDMENTS  TO 
THE  CONSTITUTION— 

Read  third  time  and  passed,  ft 87. 

See  Article  XII Constitution,  entitled  “Scheduled’ 
765.  • 

PUBLICATION  OF  CONSTITUTION— See  Constitution. 

1  ULLIC  WORKS,  BOARD  OF, — See  report  of  Committee 
on  Appointments.  98. 

PUBLIC  WORKS — Proposed  amendment  by  Mr.  Ridgely, 
to  section  39,  report  on  Legislative  Department, 
relating  to  sale  of  State’s  interest  in,  287. 

By  Mr.  Chambers  to  same,  287. 

By  Messrs.  Miller  and  Jones,  288. 

By  Mr.  Ridgely,  298,  321. 

By  Mr.  Chambers,  299. 

By  Mr.  Clarke,  303. 

By  Mr.  Thomas,  304. 

Proposition  by  Mr.  Cushing  to  insert  a  new 
section  instead  of  39,  as  reported  by  the  Legis¬ 
lative  Committee,  315. 

Amendments  to  section  39,  submitted  by  Mr. 
McComas,  316. 

By  Mr.  Thomas,  322. 

By  Messrs.  Negley,  Schley  and  Stirling,  to  refer 
the  section  referring  to  sale  of  State’s  interest  in 
the,  to  a  Select  Comittee,  345,  346,  347,  348,  349. 

Report  of  majority  of  Select  Committee  on,  sec¬ 
tion  39,  relating  to  sale  of  State’s  interest  in,  368. 

Report  of  minority  of  Select  Committee,  369. 

Amendments  submitted  to  section  39,  by  Messrs. 
Thomas  and  Duvall,  370. 

By  Messrs.  Clarke  and  Stirling,  392,  398. 

By  Messrs.  Schley,  Duvall,  Plebb,  Miller  and 

Ridgely,  399,  400,  401,  402,  403,  404. 

* 

PUGH,  JOSEPH  B. — Chosen  Secretary  pro  tern.,  3. 

Absence  leave  of  granted  to,  29,  222,  661. 

Votes  of  thanks  tendered  to,  13. 

Motions  offered  by,  26,  44,  160,  370,  650,  691. 


822 


PUGH,  JOSEPH  B.— 

Orders  submitted  by,  92,  256,  272,  350,  356. 

Vote  of,  on  Mr.  Brown’s  amendment  to  Article 
XXIII,  Bill  of  Rights,  228. 

PURNELL,  WILLIAM  T.— Motions  offered  by,  72,  126,  •  i 

206,  222,  249,  316,  557,  574,  648,  671. 

Orders  submitted  by,  11,  41,  72,  91. 

Report  of,  from  the  Committee  on  Elections, 

385. 

Resolutions  submitted  by,  78,  461. 

Vote  of,  on  resolutions  and  orders  adopted  dur¬ 
ing  bis  absence,  355. 


QUALIFICATION  OF  VOTERS— See  Elective  Franchise 
and  Oath  of  Allegiance. 

QUALIFICATION  OF  CIVIL  OFFCERS— See  Oath  of 
Office  and  Allegiance. 


R. 


REFUNDING  MONEY — To  provide  for,  paid  erroneously 
into  the  Treasury,  294,  295. 

REGISTRATION  OF  MARRIAGES,  BIRTHS  AND 
DEATHS — See  Marriages . 

REGISTRATION  OF  PERSONS  TAKING  THE  OATH 
OF  ALLEGIANCE — See  Allegiance. 

REGISTRATION  OF  VOTERS — Amendment  proposed  by 
Mr.  Scott,  to  the  report  on  Elective  Franchise  to 
provide  for  the,  434. 

RELEASE  OF  OBLIGATIONS  DUE  THE  STATE— To 
provide  against  the,  unless  recommended  by  the 


823 


RELEASE  OF  OBLIGATIONS  DUE  THE  STATE — 

Governor  and  officers  of  the  Treasury  Department 
295 . 

REMOVAL  OF  THE  CONVENTION— See  Convention. 

No  voter  to  be  registered,  unless  he  shall  be  first 
duly  sworn,  463. 

REPORTERS  TO  THE  CONVENTION — Order  submitted 
by  Mr.  Thomas,  tendering  the  thanks  of  the  Con¬ 
vention  for  the  faithful  discharge  of  their  duties, 
771. 

REPORTING  AND  PRINTING— Proposition  submitted 
that  a  Committee  be  appointed  on,  12. 

Reporter  to  be  furnished  with  all  printed  matter 
furnished  to  members,  14. 

Appointment  of  Committee  on,  17. 

Order  relating  to  the  appointment  of  Stenogra¬ 
pher,  30. 

Report  of  Committee  on,  submitted,  85,  87. 

Report  amended,  89. 

Copies  of  Debates  to  be  furnished  to  members  by 
a  specified  time,  151. 

Order  submitted  by  Mr.  Valliant,  to  provide  for 
the  payment  of  bills  contracted  for,  629. 

All  bills  due  for,  after  the  adjournment  of  the 
Convention,  recommended  to  be  paid,  652. 

Order  submitted  by  Mr.  Greene,  to  authorise  the 
purchase  of  copies  of  the  Constitution,  referred  to 
the  Committee  on,  685,  703. 

Report  of  Committee  on,  relating  to  Printing 
and  Binding  copies  of  the  Constitution,  702,  703.° 

Amended  and  adopted,  707. 

REPORTS  OF  COMMITTEES— Of  Mr.  Galloway,  from  the 
Committee  on  Accounts,  relating  to  the  per  diem 
and  mileage  of  officers,  42. 

Of  Mr.  Kennard,  from  the  Committee  on  Rules, 
46. 

Of  Mr.  Stirling,  from  the  Committee  on  the 
Declaration  of  Rights,  57. 

.  .  Of  Mr.  Valliant  from  the  Committee  on  Report¬ 

ing  and  Printing,  85,  86. 

Of  Mr.  Clarke,  from  the  Committee  on  Ap- 


824 


REPORTS  OF  COMMITTEES— 

pomtments,  Tenure  of  Office,  Duties  and  Com¬ 
pensation  of  Civil  Officers,  98. 

Of  Mr.  Todd,  from  the  Committee  on  Future 
Amendments  to  the  Constitution,  119. 

Of  Mr.  Abbott,  from  the  Committee  on  the 
Basis  of  Representation,  120. 

Of  Mr.  Abbott,  from  same  Committee,  recom¬ 
mending  the  passage  of  a  Registry  Law,  121. 

Of  Mr.  Berry,  of  Prince  George’s,  from  the 
minority  of  the  Committee  on  the  Basis  of  Repre¬ 
sentation,  122. 

Of  Mr  Galloway,  from  the  Committee  on 
Accounts,  relating  to  the  claims  of  temporary  offi¬ 
cers,  12  7. 

Of  Mr.  Schley,  from  the  Committee  on  the  Le¬ 
gislative  Department,  186. 

Of  Mr.  Hollyday,  from  the  minority  of  the 
Committee  on  the  Legislative  Department,  209. 

Of  Mr.  Negley,  from  the  majority  of  the  select 
Committee  on  the  Legislative  Department,  368. 

Of  Mr.  Stirling,  from  the  minority  of  the  select 
Committee  on  the  Legislative  Department,  369. 

Of  Mr.  Cushing,  from  the  Committee  on  Edu¬ 
cation  and  the  improvement  of  Literature,  372. 

Of  Mr.  Iiebb,  from  the  Committee  on  the 
Rights,  Duties,  Divisions  and  Sub-divisions  of 
counties,  374. 

Of  Mr.  Purnell,  from  the  Committee  on  Elec¬ 
tion,  385. 

Of  Mr.  Negley,  from  the  Committee  on  the 
Treasury  Department,  386. 

Of  Mr.  Stockbridge,  from  the  Committee  on 
the  Judiciary,  415. 

Of  Mr.  Earle,  from  the  Committee  on  Engross¬ 
ment  and  Revision,  434,  686,  704,  710. 

Of  Mr.  Greene,  from  the  Committee  on  the  Ex¬ 
ecutive  Department,  444. 

Of  Mr.  Miller,  from  minority  of  the  Committee 
on  the  Executive  Department,  448. 

Of  Mr.  Brown,  from  the  minority  of  the  Com¬ 
mittee  on  the  Elective  Franchise,  449. 


825 


REPORTS  OF  COMMITTEES— 

Of  Mr.  Smith,  of  Carroll,  from  the  Committee 
on  State’s  Attorneys,  501. 

Of  Mr.  Berry,  from  the  Committee  on  Militia 
and  Military  Affairs,  517. 

Of  Mr.  Wickard,  from  the  minority  of  the 
Committee  on  Militia  and  Military  Affairs,  518. 

Of  Mr.  Belt,  from  a  select  Committee  on  Inter¬ 
est  and  Usury,  520. 

Of  Mr.  Ridgely,  from  the  Committee  on  a 
Schedule  of  Provisions  and  Ordinances,  600. 

Of  Mr.  Lansdale,  from  the  minority  of  the 
Committee  on  a  Schedule  of  Provisions  and  Ordi¬ 
nances,  611. 

Of  Mr.  Galloway,  from  the  Committee  on  Ac¬ 
counts,  recommending  the  payment  of  claims  for 

Reporting  and  Printing,  after  adjournment,  652, 

686. 

REPRESENTATION,  BASIS  OF— Order  submitted  to  an- 
point  a  Committee  to  consider  and  report  on,  9. 

Amendment  submitted  to  order,  10,  11. 

Appointment  of  Committee  on  the,  17. 

Motion  offered  to  ascertain  the  number  of  tax 

Papers  in  the  State,  referred  to  the  Committee 
on,  26. 

*  Resolution  by  Mr.  Clarke,  relating  to  the.  for 
members  of  the  Legislature,  27,  29. 

Amendment  to  Resolutions  submitted,  31. 

Table  of  apportionment,  32. 

Resolutions  by  Mr.  Negley  relating  to,  29,  33. 
By  Mr.  Belt,  33. 

Withdrawn,  41. 

Older  submitted  to  have  the  number  of  mem¬ 
bers  of  Committee  on  the,  increased,  45. 

Order  relating  to  dividing  and  sub-dividing 

Baltimore  city  and  the  counties  into  Electoral  Dis¬ 
tricts,  88. 

Report  of  Mr.  Abbott,  from  the  Committee  on, 

Report  of  Mr.  Berry,  of  Prince  George’s,  from 
the  minority  of  Committee  on,  122. 


104 


826 


REPRESENTATION,  BASIS  OF— 

Report  on,  made  the  Order  of  the  Day  after  the 
second  reading  of  the  Legislative  Report,  271. 

Order  submitted  by  Mr.  Pugh  to  limit  the  de¬ 
bate  on  the  report  on,  350,  356. 

Amendment  submitted  by  Mr.  Berry,  of  Prince 
George’s,  to  adopt  the  minority  report  on  the, 
lost,  351. 

Amendments  to  report,  submitted  by  Messrs. 
Kennard,  Belt  and  Schley,  352. 

By  Messrs.  Clarke  and  Thomas,  354. 

By  Messrs.  Clarke,  Blackiston,  Schley,  Cham¬ 
bers  and  Miller,  357  to  366. 

Motion  offered  by  Messrs.  Hollyday,  Hopper 
and  Briscoe,  to  open  section  3  of  report  on  the,  as 
amended,  336  to  642. 

Third  reading  and  final  passage  of  the  Report 
on  the,  as  amended,  642. 

RESOLUTIONS — By  Mr.  Abbott,  to  take  up  the  Bill  of 
Rights,  and  to  act  upon  it  systematically,  19. 
Referred,  25. 

From  the  Mayor  and  City  Council  of  Baltimore 
city,  extending  the  invitation  to  the  Convention 
to  come  to  that  city  and  hold  its  sessions,  20. 

By  Clarke,  on  the  Basis  of  Representation,  for 
members  of  the  Legislature,  27,  32. 

By  Mr.  Negley,  relating  to  representation  ac¬ 
cording  to  population,  27,  33. 

By  Mr.  Belt,  33. 

By  Mr.  Stirling,  thanking  Maryland  soldiers 
for  their  gallantry,  65. 

By  Mr.  Purnell,  recommending  that  the  per 
diem  of  members  who  are  absent  from  the  Con¬ 
vention  without  cause,  he  deducted,  78. 

By  Mr.  Clarke,  to  appoint  a  Committee  to  con¬ 
fer  with  the  General  Government,  and  solicit  aid 

j 

in  the  adoption  of  a  system  of  emancipation,  134. 

Amended  by  Mr.  Berry,  of  Baltimore  county, 
713. 

Adopted  as  amended,  714,  715. 

By  Mr.  Cushing,  on  the  rebel  invasion,  247. 

By  Mr.  Stirling,  relating  to  rebel  sympathiz¬ 
ers  in  Maryland,  and  the  registration  of  all  adult 


RESOLUTIONS — 

citizens  taking  the  oath  of  allegiance,  265,  273, 
275,  276,  277. 

By  Mr.  Belt,  to  rescind  the  order  of  Mr.  Schley, 
relating  to  the  assessment  of  property  of  rebel 
sympathizers,  267. 

By  Mr.  Belt,  declaring  certain  members  of  the 
Convention  ineligible,  and  their  seats  vavant, 
414,  431,  436. 

By  Mr.  Purnell,  to  adjourn  sine  die  on  the  31st 
August,  461. 

By  Mr.  Marbury,  to  appoint  a  Committe  to 
await  upon  the  military  authorities  and  ask  furth¬ 
er  relief  from  the  draft,  497.  Postponed,  524. 

By  Mr.  Abbott,  providing  for  the  adjournment 
of  the  Convention,  subject  to  the  call  of  the  Pres¬ 
ident,  600,  630,  631. 

By  Mr.  Henkle,  relating  to  the  discussion  of 
the  proposed  Constitution  before  the  people,  651. 

By  Mr.  Davis,  of  Charles,  protesting  against 
putting  in  force  a  part  of  the  new  Constitution  be¬ 
fore  the  same  is  ratified,  705. 

By  Mr.  Chambers,  tendering  a  vote  of  thanks 
to  the  President  of  the  Convention,  709. 

REVISING-  CLERK — Order  adopted  to  appoint  a,  44. 
John  McGarrigle  appointed,  72. 

Order  adopted  requiring  the,  to  append  to  the 
Report  of  Debates,  the  official  vote  on  the  call 
of  the  Convention, 686. 

Extra  compensation  allowed  the,  702. 

REVISION,  COMMISSIONERS  OF — Amendment  submit¬ 
ted  by  Mr.  Stockbridge,  to  the  report  of  the  Com¬ 
mittee  on  Schedule,  to  authorize  the  Governor  to 
appoint,  to  draft  bills  for  the  General  Assembly, 
and  to  revise  the  Code,  667,  668. 

REVISION  AND  ENGROSSMENT — See  Engrossment  and 
Revision . 

RIDGELY,  JAMES  L. — Absence,  cause  and  leave  of,  72 
367,  539,  574. 

Amendments  submitted  by,  112,  152,  165,  287, 
659,  666. 

Motions  offered  by,  298,  327,  370,  538,  648,  664. 

Orders  submitted  by,  42,  132,  151,  207,  590, 
649;  583. 

Report  of,  from  the  Committee  on  Schedule,  600. 


828 


ROAD  SUPERVISORS — Relating  to  the  election  of,  43, 

100. 

RULES  AND  ORDERS,  FOR  THE  GOVERNMENT  OF 
THE  CONVENTION — Committee  on,  announc¬ 
ed,  19. 

Manner  of  proceeding  with  business,  referred 
to  Committee  on,  25. 

Report  on,  46. 

Amendments  proposed,  to  report  on,  56,  68, 
69,  70,  73,  74,  75,  76,  77,  80,  81,  82,  90,  101, 
109,  115. 

Copies  of,  ordered  to  be  printed  for  the  use  of 
members,  98,  108,  115. 

Rules,  42,  44. 

Amended,  378,  385,  398. 

RUSSELL,  THOMAS — Amendment  submitted  by,  to  Le¬ 
gislative  Report,  relating  to  marriages,  297. 

Also  to  the  Judiciary  Report,  to  relieve  from 
military  duty  all  persons  who  are  conscientiously 
scrupulous  in  regard  to  bearing  arms,  626. 

Absence,  cause  of,  367,  479. 


SANDS,  GEORGE  W. — Absence,  leave  and  cause  of  23, 
245,  371,  557,  613. 

Amendment  submitted  by,  to  an  amendment  to 
Article  IV,  Bill  of  Rights,  forbidding  the  right  of 
any  State  to  secede,  145. 

Motions  offered  by,  118,  201,  215,  423,  473, 
650. 

Report  of,  from  the  Committee  on  the  Elective 
Franchise,  431. 

SCHEDULE — Report  of  Mr.  Ridgely,  from  the  Committee 
on,  600. 

Report  of  Mr.  Lansdale,  from  the  minority  on, 
611,  612. 

Amendments  submitted  to  report  on,  664  to 
681. 


829 


SCHEDULE— 

Ordered  to  be  engrossed  for  third  reading,  681. 

Read  the  third  time  and  passed,  687. 

Article  XII,  Constitution,  entitled,  765. 

SCHLEY,  FREDERICK — Absence,  cause  and  leave  ot,  25, 
147,  322. 

Amendments  submitted  by,  250,  285,  667. 

Motions  offered  by,  3,  15,  83,  237. 

Orders  submitted  by,  93,  185,  257^  284. 

Report  of,  from  Committee  on  the  Legislative 
Department,  186. 

SCHLOSSER,  PETER  G. — Absence,  cause  and  leave  of,  94, 
186,  350. 

Motion  offered  by,  649. 

SCOTT,  DAVID — Leave  of  absence  granted  to,  29,  499,  591. 

Amendments  submitted  by,  106,  251,  434,  451. 

Motion  offered  by,  198. 

Orders  submitted  by,  13,  14,  27,  43,  132,  146, 
154,  182,  195,  213. 

SECRETARIES  OF  THE  CONVENTION— Joseph  B. 
Pugh,  chosen  pro  tern,  3. 

William  R.  Cole  appointed  Chief,  and  John  H. 
Shaw,  appointed  Assistant,  8. 

President  authorised  to  appoint  a  Secretary  pro 
tern.,  329. 

John  McGarigle  appointed,  349. 

Relating  to  the  appointment  and  pay  of  Assis¬ 
tant,  565. 

'  Vote  of  thanks  tendered  to  the  Chief  and  Assis¬ 
tant,  710. 

SERGE ANT-AT-AR  Vi S — Alfred  D.  Evans  appointed,  8. 

John  T.  Wright  appointed  ’  temporary,  181, 
182. 

SHAW,  JOHN  II. — Appointed  Assistant  Secretary,  8. 

Order  in  relation  to  the  absence  of,  565. 

Vote  of  thanks  tendered  to,  710. 

SHERIFFS,  &c. — Report  of  Judiciary  Committee  in  relation 
to,  423. 

Amendments  by  Mr.  Thomas,  to  Judiciary  Re¬ 
report  relating  to,  488,  489. 


830 


SHERIFFS,  &c.— 

By  Mr.  Morgan,  509. 

Article  IY,  Part  VII,  of  the  Constitution,  enti¬ 
tled,  754. 

SLAVES  AND  SLAVERY — An  additional  section  submit¬ 
ted  by  Mi.  Clarke  to  the  report  on  tlie  Legislative 
Department,  to  provide  by  law  for  the  preserva¬ 
tion  of  some  evidence  of  ownership  of  slaves,  held 
by  their  masters  from  a  certain  period,  333  340 
404,  405.  * 

Amendments  submitted  by  Messrs.  Belt'  and 
Barron,  337,  338. 

By  Messrs.  Todd  and  Abbott,  337,  338. 

.  Amendment  submitted  by  Mr.  Stirling  to  Judi¬ 
ciary  report,  making  it  a  penal  offence  to  hold, 
alter  the  adoption  of  this  Constitution,  606. 

Order  submitted  by  Mr.  Abbott,  to  recommend 
the  Governor  to  pardon  all  persons  now  confined 
for  violating  laws  made  for  the  protection  of  702 
711,  712. 

SMITH,  JOHN  E. — Cause  of  absence  of,  471,  685. 

Amendment  proposed  to  report  on  Legislative 
Department,  in  relation  to  Agricultural  College, 
27L 

Motions  offered  by,  84,  108,  539. 

Orders  submitted  by,  155,  178. 

Report  of,  from  the  Committee  on  State’s  Attor¬ 
neys,  501. 

SMITH,  THOMAS  B. — Cause  of  absence  of,  126,#316. 
Motions  offered  by,  517,  629. 

SMITH,  WASHINGTON  A. — Motions  offered  by,  181,  479 

SNEARY,  JOHN  R. — Absence,  cause  of,  444. 

Order  submitted  by,  41,  46. 

SOLDIERS’  VOTE— See  Vote  of  Solders . 

SPECIAL  JUDGES  AND  COUNSEL— Comptroller  order¬ 
ed  to  furnish  a  statement  of  the  amount  paid  by 
the  State  to,  18. 

Statement  of  same,  34. 


831 


STATE  DEBT — Statement  of  the,  342. 

STATE  LIBRARIAN — Reporting  of  Committee  on,  appoint¬ 
ments  relating  to  the,  100. 

Petition  of  the,  asking  for  an  increase  of  sala¬ 
ry,  26. 

Orders  in  relation  to  the  distribution  of  bound 
copies  of  the  Proceedings  of  the  Convention  by 
the,  315,  709. 

Amendments  submitted  to  report  on  appoint¬ 
ments,  &c.,  relating  to  the  salary  and  duties  of 
the,  391. 

_  Order  adopted  to  pay  the,  for  purchasing  sta¬ 
tionery,  &c. ,  for  the  Convention,  628. 

To  provide  for  filling  vacancies  of,  655. 

STATE  LIBRARY — Relating  to  the  expenses  of  the,  127. 

STATE  STOCKS — Order  submitted  relating  to  the  disposal 
of  State’s  interest  in,  42. 

Comptroller  requested  to  furnish  a  statement  of 
^ •;  tie  State  in  works  of  Internal 
Improvement,  &c.,  85. 

STATE’S  ATTORNEYS — Committee  proposed  to  consider 
and  report  upon  the  office  of,  10. 

Appointment  of  Committee  on,  16. 

Report  of  Mr.  Smith,  of  Carroll,  from  the  Com¬ 
mittee  on,  501. 

Amendments  submitted  to  report  on,  by  Messrs. 
Daniel,  Hebb,  Audoun,  Edelin,  Stirling,  Miller, 
Smith,  of  Carroll,  Chambers,  Abbott  and  Stock- 
bridge,  543,  544,  545,  546,  547. 

By  Messrs.  Smith,  of  Carroll,  Thomas,  Daniel, 
Stirling,  Hebb,  Stockbridge,  Galloway  and  Au¬ 
doun,  549,  550,  551. 

Order  to  engross  for  a  third  reading,  551. 

Read  the  third  time  and  passed,  662. 

Engrossed  copy  of  the  Constitution  submitted, 
Article  Y,  entitled  ‘ 'Attorney  General,  &c.,  755. 

STIRLING,  ARCHIBALD,  JR. — Absence,  cause  of,  72 
155. 

Amendments  proposed  by,  to  various  proposi¬ 
tions,  11,  68,  69,  113,  131,  153,  165,  180,  655 
680,  686,  691,  692. 


832 


STIRLING,  ARCHIBALD,  JR.— 

Motions  offered  by,  14,  21,  27,  64,  118,  123, 
183,  215,  217,  229,  235,  248,  521,  542,  557,  652, 
657,  685,  695. 

Orders  submitted  by,  3,  30,  98. 

Report  of,  from  the  majority  of  the  Committee 
on  the  Declaration  of  Rights,  57. 

Report  of,  from  the  minority  of  the  select  Com¬ 
mittee  on  the  Legislative  Department,  369. 

Resolution  submitted  by,  thanking  the  soldiers 
of  Maryland  for  their  gallantry,  in  the  army  of 
General  Grant,  65, 

Resolution  submitted  by,  in  relation  to  rebel 
sympathizers  in  Maryland,  265. 

STOCKBRIDGE,  HENRY — Elected  President  pro  tern,  3. 

Absence,  cause  of,  495,  557,  574. 

Amendments  submitted  by,  to  various  proposi¬ 
tions  before  the  Convention,  127,  159,  160,  166, 
167,  237,  655,  664,  667,  680,  691. 

Motions  offered  by,  21,  23,  33,  68,  69,  83,  161, 
170,  228,  374,  378,  395,  423,  436,  513,  543,  632, 
633,  634,  635,  643,  655,  656,  658,  662,  691, 
693. 

SULLIYAN,  JOHN — Appointment  of,  as  Hall  keeper,  72. 

SUNDRY  OFFICERS — Engrossed  copy  of  the  Article  VII, 
entitled,  758. 

SURVEYORS,  COUNTY  AND  CITY — See  Report  of  Com¬ 
mittee  on  Appointments  dec.,  in  relation  to ,  100. 

SWOPE,  JOHN — Absence,  leave  and  cause  of,  108,  205, 
409. 

SYKES,  JAMES— Cause  of  absence  of,  371,  395. 

Motion  offered  by,  371. 

Order  offered  by,  133. 

Vote  of,  upon  orders  adopted  in  Convention 
during  his  absence,  266. 


833 


T. 


TATMAN,  COLLINS — Appointment  of,  as  Folder,  9. 

Absence,  cause  of,  205. 

Order  to  allow  to,  extra  compensation,  683. 

TAXATION — Amendments  proposed  to  Eeport  on  the  De¬ 
claration  of  Eights,  relating  to,  106,  107,  112, 
113,  123,  124,  125. 

Amendment  proposed  by  Mr.  Thomas  to  Eeport 
on  Legislative  Department,  relating  to  the  basis 
of,  321,  322. 

TAXES — Amendment  proposed  by  Mr.  Stockbridge  to  Ee¬ 
port  on  Legislative  Department,  relating  to  the 
assessment  and  payment  of,  2^2. 

TENUEE  OF  OFFICE — See  Appointments ,  dec. 

TESTA M E N T A E  Y  LAW — Order  proposing  amendments 
to,  in  certain  cases,  79. 

TIPTON,  THOMAS — Appointment  of,  as  one  of  the  Com¬ 
mittee  Clerks,  8,  87. 

THOMAS,  JOHN  L.,  JUNIOE — Absence,  cause  of,  12,  266, 
370,  524. 

For  amendments  submitted  by,  see  Judiciary , 
Legislative  Department ,  Bill  of  Bights ,  dec. 

Motions  offered  by,  26,  70,  155,  157,  162,  170, 
174,  220,  286,  306,  336,  370,  685. 

Orders  submitted  by,  84,  85,  771. 

THEUSTON,  G-EOEG-E  A. — Cause  of  absence  of,  196,  524. 

Motions  and  orders  offered  by,  45,  144. 

TODD,  EOBEET  W. — Absence,  cause  of,  208,  223,  529. 

Amendments  submitted  by,  152,  169,  337. 

Motions  offered  by,  4,  196,  205,  247,  302,  591, 
630,  682,  688. 

Orders  submitted  by,  19,  79,  84,  85,  88,  171. 

Eeport  of,  from  the  Committee  on  Future 
Amendments  to  the  Constitution,  119. 


105 


834 


TODD,  ROBERT  W.— 

Vote  of,  on  Mr.  Brown’s  amendments  to  Article 
XXIII,  Declaration  of  Rights,  228. 

TOWNSHIPS— See  Counties. 

TREASURER — Order  requesting  the,  to  furnish  the  Conven¬ 
tion  with  information  in  regard  to  the  debt  of  the 
State,  the  balance  of  money  in  the  Treasury,  &c., 
143,  243. 

Communication  from  the,  341. 

Statement  of  State  debt,  342. 

Report  of  Committee  on  the  Treasury  Depart¬ 
ment,  defining  the  duties  of  the,  387. 

TREASURY  DEPARTMENT — Appointment  of  a  Commit¬ 
tee  to  consider  and  report  upon  the,  16. 

Report  of  Committee  on  the,  386. 

Amendments  submitted  to  the  Report  on,  by 
Messrs.  Hebb,  Stirling,  Thomas,  Wickard,  Gal¬ 
loway,  Kennard,  Berry,  of  Prince  George’s,  Mil¬ 
ler,  Stockbridge,  and  Scott,  455,  456,  457,  458, 
459,  461,  462. 

On  the  third  reading,  462. 

Engrossed  copy  of  Constitution,  Article  YI ,  en¬ 
titled,  757. 

TRITCH,  HENRY — Order  to  pay,  per  diem  and  mileage  as 
temporary  Clerk,  92. 


USURY — See  Interest  and  Usury. 


VALLIANT,  JAMES — Cause  of  absence  of  21 7,  265,  495, 
600. 

Amendments  submitted  by,  385,  398,  650,  651. 


# 


835 


VALLIANT  JAMES— 

Orders  submited  by,  45,  98,  147,  149,  315,  613, 
629,  702. 

Reports  of,  from  Committee  on  Reporting  and 
Printing,  85,  702. 

VETO  POWER — By  Mr.  Stirling,  to  confer  the,  on  the  Gov¬ 
ernor  of  the  State,  298. 

VOLUNTEERS— See  Enlistments. 

VOTE  OF  SOLDIERS — To  provide  for  the,  in  the  field  or 
camp,  603. 

Minority  report  against  the,  612. 

Amendments  submitted  by  Messrs.  Belt  and 
Duvall,  678,  679. 

By  Mr.  Ecker,  681. 

Article  XII,  Constitution,  entitled  “Schedule,” 
providing  for  the,  768. 

VOTE  ON  THE  CONSTITUTION — Manner  prescribed  by 
which  the,  shall  be  taken,  692. 

Report  of  minority  against  the  manner  of  taking 
the,  611,  612. 

Article  XII,  Constitution,  entitled  “Schedule,” 
providing  for  the,  768. 


•  / 

WALLACE,  MAJOR  GENERAL  LEW. —  Committee 
appointed  to  wait  upon,  and  members  of  Congress 
accompanying  him,  and  invite  them  to  visit  the 
Convention,  26. 

WEST  VILGINIA — Order  submitted  to  inquire  into  the  ex¬ 
pediency  of  accepting  the  accession  to  this  State, 
of  the  contiguous  territory  of,  and  the  District  of 
Columbia,  132. 

WHITTEMORE,  CHARLES — Appointment  of,  as  one  of 
the  Door-keepers  to  the  Convention,  8. 


836 

WICKARD,  JACOB — Leave  of  absence  granted  to,  524, 
574,  661.  ’ 

Motions  offered  by,  196,  551,  705. 

Orders  submitted  by,  195,  243,  285,  565,  700. 

WILMER,  PERE — Vote  of,  in  favor  of  Mr.  Brown’s  amend¬ 
ment  to,  and  against  the  adoption  of  Article  XXIII, 
Bill  of  Rights,  240. 

WINGATE,  JAMES— Proposals  to  publish- the  new  Consti¬ 
tution,  684,  685,  703,  705,  706. 

WOODEN,  WILLIAM  S. — Cause  of  absence  of  533. 

Motions  offered  by,  205,  409,  509,  685. 

WRECK-MASTER,  IN  WORCESTER  COUNTY— See 
Report  of  Committee  on  Appointments ,  ffic. ,  relatina 
to  the ,  101.  y 


YEAS  AND  NAYS— 

Absent  Members. 

On  a  resolution  submitted  by  Mr.  Purnell,  to 
prevent  members,  who  may  be  absent  without  leave, 
Irom  receiving  their  per  diem  while  absent. — 
Laid  on  the  table,  89,  90. 

On  the  adoption  of  an  order  submitted  by  Mr. 
Hebb,  that  no  member  receive  any  per  diem  for  such 
time  as  he  may  be  absent,  unless  occasioned  by 
sickness,  or  by  permission  of  the  Convention,  163. 

On  the  adoption  of  an  order  submitted  by  Mr. 
Abbott,  to  prevent  the  departure  of  members  and 
officers,  without  first  obtaining  permission  from 
the  Convention,  183. 

On  the  adoption  of  a  motion  to  lay  on  the  table, 
offered  by  Mr.  Barron,  on  an  order  submitted  by 
Mr.  McComas,  that  Correspondents  of  the  Press 
report  the  names  of  absentees  from  the  Conven¬ 
tion  without  leave,  286. 

On  the  adoption  of  an  order  submitted  by  Mr. 
Ecker,  that  a  daily  list  of  members,  absent  with¬ 
out  leave,  be  published,  497. 


837 


YEAS  AND  NAYS— 

Adjournment. 

On  amendments  to  adjourn,  24,  28,  29. 

On  adjournment,  57,  70. 

On  adjournment  and  amendments,  156. 

On  the  adoption  of  a  motion  to  adjourn,  184. 
On  motions  to  adjourn,  206,  208,  211. 

On  a  motion  to  lay  on  the  table  an  order  by 
xdr  Scott,  amended  by  Mr.  Brown,  to  adjourn  to 
July  6th,  214,  218.  Motion  of  Mr.  Stirling  to 
take  a  recess,  216.  On  adjournment,  219. 

On  a  motion  by  Mr.  Barron,  to  adjourn,  245. 

By  Mr.  PugB,  270.  By  Mr.  Miller,  31 1.  By 
Mr.  Dent,  312.  By  Mr.  Daniel,  314.  By  Mr. 
Jones,  of  Somerset,  339.  By  Mr.  King,  395* 

On  a  motion  by  Mr.  King,  to  lay  on  the  table 
the  resolution  of  Mr.  Purnell,  to  adjourn  sine  die 
on  the  31st  August.  Lost,  483. 

On  the  adoption  ol  a  motion  by  Mir  Morgan  to 
adjourn  from  Friday,  19th,  to  Monday,  22d  Au¬ 
gust,  638. 

On  a  motion  of  Mr.  Hatch,  to  adjourn,  547 
By  Mr.  Audoun,  552.  By  Mr.  Chambers,  562.* 
By  Messrs.  Keefer  and  Kennard,  566,  567  Bv 
Mr.  Todd,  627. 

On  an  amendment  by  Mr.  Negley,  to  an  order 
submitted  by  Mr.Ridgely,  and  on  the  order  of 
Mr.  Bidgely,  to  adjourn  from  Friday  2d,  to  Mon¬ 
day  5th  September,  694,  695. 

On  a  motion  of  Mr.  Belt,  to  adjourn  the  Con¬ 
vention  sine  die ,  772,  773. 

.  Appointments ,  Tenure  of  Office,  dc. 

On  an  amendment  to  section  2,  .Report  on  Ap¬ 
pointments,  &c. ,  submitted  by  Mr.  Morgan,  380 

On  an  amendment  submitted  by  Mr.  Kino-  to 
report  on  appointments,  &c.,  section  3,  383  390 
By  Mr.  Stirling,  to  same  section,  389. 

On  amendment  by  Mr.  Ridgely,  to  section  4 
report  on  same  408.  By  Mr.  Belt,  to  section  5! 
410.  By  Mr.  Henkle,  to  section  6,  413.  Bv  Mr 
Thomas,  to  section  2,  425. 


838 


YEAS  AND  NAYS— 

Appointments ,  Tenure  of  Office ,  the. 

On  the  third  reading  and  final  passage  of  the 
amended  report,  656. 

Apprenticeship  of  Negroes. 

On  the  adoption  of  an  order  by  Mr.  Todd,  to 
provide  by  law  for  the  apprenticeship  of  negroes 
who  are  emancipated  and  are  minors,  171. 

On  an  amendment  submitted  by  Mr.  Jones,  of 
Somerset,  to  an  amendment  by  Mr.  Miller,  to 
provide  by  law  for  all  negroes  manumitted  by  the 
new  Constitution,  to  he  placed  in  the  condition  of 
apprentices  to  their  owners,  males  until  they  are 
twenty-one  years  old,  and  females  until  they  are 
eighteen,  311,  312. 

On  putting  the  main  question  on  an  amend¬ 
ment  by  Mr.  Todd,  to  provide  for  binding  out 
minors  of  emancipated  *  negroes  by  the  Orphans’ 
Courts,  593,  594. 

On  a  motion  to  reconsider  the  last  vote  taken, 
595. 

On  an  amendment  of  Mr.  Stockbridge,  to  the 
amendment  of  Mr.  Todd,  on  the  question  of  bind¬ 
ing  out  minor  negroes,  596, 

On  the  first  and  second  clauses  of  Mr.  Todd’s 
amendment,  597,  598.  •  ■ 

On  a  motion  of  Mr.  Hidgely,  to  informally  post¬ 
pone  the  consideration  of  an  amendment  by  Mr. 
Audoun,  on  the  question  of  negro  apprentice¬ 
ship.  Lost,  605. 

On  the  amendment  of  Mr.  Audoun,  prescribing 
the  manner  in  which  negroes  shall  be  apprenticed 
by  the  Orphans’  Courts,  604,  606. 

Basis  of  Representation. 

On  an  amendment  submitted  by  Mr.  Berry,  of 
Prince  George’s,  to  adopt  the  minority  report  of 
the  Committee  on  the  Basis  of  Representation, 
351. 

On  an  amendment  submitted  by  Mr.  Schley,  to 
the  Report  on  the  Basis  of  Representation,  353. 

On  a -motion  of  Mr.  Cushing,  to  dispense  with 
the  reading  of  the  report  on  Basis  of  Representa¬ 
tion,  635. 


839 


yeas  and  nays— 

Basis  of  Representation! 

On  a  motion  of  Mr.  Hollyday,  to  open  the  third 
section  ot  the  report  on  Basis  of  Representation, 
636. 

On  a  motion  of  Mr.  Pugh,  to  suspend  the  rules, 
to  allow  the  motion  of  Mr.  Hollyday  to  prevail,  to 
open  the  third  section  of  the  report  on  Basis  of 
Representation,  638. 

On  an  amendment  submitted  by  Mr.  Hollyday, 
to  the  third  section  of  the  report,  639. 

On  a  motion  of  Mr.  Hopper,  to  suspend  the  53d 
rule,  to  allow  him  to  submit  an  amendment  to 
section  three  of  the  report,  640. 

On  a  motion  of  Mr.  Thomas,  to  reconsider  the 
vote  by  which  the  amendment  of  Mr.  Hollydav 
was  adopted,  641. 

On  the  report  as  amended,  of  the  Committee  on 
the  Basis  of  Representation,  third  reading  and 
final  passage  of  the  same,  642.  * 

Rebel  Invasion  and  Sympathisers . 

On  the  adoption  of  an  order  submitted  by  Mr. 
Schley,  to  assess  the  property  of  rebel  sympathisers* 
for  losses  sustained  by  loyal  citizens,  257. 

^  °n  the  adoption  of  an  order  submitted  by  Mr. 
Sands,  to  transmit  to  the  President  of  the  United 
States  and  the  military  authorities,  copies  of  the 
order  relating  to  the  spoliations  by  the  rebels 
&c.,  264.  .> 

On  an  appeal  from  the  Chair  by  Mr.  Belt, 
ruling  out  of  order  a  resolution  submitted  by  him] 
to  rescind  the  order  submitted  by  him  to  rescind 
the  order  ot  Mr.  Schley,  relating  to  the  assessment 
of  property  of  rebel  sympathisers,  267. 

On  the  adoption  ot  a  motion  by  Mr.  Barron,  to 
take  up  the  preamble  and  resolutions  of  Mr.  Stir- 
ing,  in  regard  to  rebel  sympathizers,  273. 

On  an  amendment  submitted  by  Mr.  Belt  to 
Mr.  Stirling's  resolutions,  274. 

On  the  adoption  of  Mr.  Stirling’s  preamble  and 
resolutions,  276,  277. 

On  a  motion  of  Mr.  Chambers  to  enter  his  pro¬ 
test  to  the  order  of  Mr.  Schley  and  the  preamble 


840 


YEAS  AND  NAYS — 

Rebel  Invasion  and  Sympathisers. 

and  resolutions  of  Mr.  Stirling,  relating  to  the 
rebel  invasion  of  Maryland  and  the  rebel  sympa¬ 
thizers,  397. 

t 

Committees. 

On  amending  the  proposition  to  appoint  a  Com¬ 
mittee  on  the  Basis  of  Representation,  by  adding 
that  one  member  shall  be  from  each  county,  and 
one  from  the  city  of  Baltimore,  by  Mr.  Beit,  10, 
11. 

On  the  appointment  of  a  Committee  to  consider 
and  report  upon  all  subjects  not  embraced  in  the 
duties  of  other  Committees,  22. 

Compensation  for  Emancipated  Slaves. 

On  a  motion  by  Daniel,  to  lay  on  the  table  the 
resolutions  of  Mr.  Clarke,  and  on  amendment 
,  submitted  by  Mr.  Negley,  appointing  a  Commit¬ 
tee  to  wait  upon  the  President  of  the  United 
States  and  Military  authorities  in  reference  to 
compensation  for  emancipated  slaves,  147,  148. 

On  an  amendment  by  Mr.  Davis,  of  Charles,  to 
section  40,  report  on  Legislative  Department,  to 
permit  the  Legislature  to  pass  laws  to  compensate 
owners  of  slaves  that  may  be  emancipated  by  this 
Constitution,  394. 

On  a  motion  by  Mr.  Audoun  to  lay  on  the  table, 
an  amendment  submitted  by  Mr.  Berry,  of  Balti¬ 
more  county,  to  Mr.  Clarke’s  resolutions  in  refer¬ 
ence  to  asking  pecuniary  aid  from  the  General 
Government  to  compensate  for  losses  sustained  by 
owners  for  slaves  emancipated,  713. 

On  the  amendment  of  Mr.  Berry,  of  Baltimore 
county,  to  Mr.  Clarke’s  resolutions  in  regard  to 
pecuniary  compensation  for  slaves,  713. 

On  the  adoption  of  an  order  submitted  by  Mr. 
Audoun,  to  require  that  all  persons  before  they 
shall  be  entitled  to  receive  any  compensation  for 
their  slaves,  as  expressed  in  the  resolutions  of 
Mr.  Berry,  of  Baltimore  county,  shall  take  and 
subscribe  to  an  oath,  771,  772. 


841 


YEAS  AND  NAYS— 

•  \ 

The  Constitution. 

On  amendments  submitted  by  Messrs.  Chambers 
and  Daniel,  to  the  Report  on  Future  Amendments 
to  the  Constitution,  375,  376. 

On  the  third  reading  of  the  Report  of  the  Com¬ 
mittee  on  future  amendments  to  the  Constitution, 
377. 

On  the  adoption  of  an  order  submitted  by  Mr. 
Wickard  to  publish  the  Constitution  in  the  news¬ 
papers,  701. 

On  the  final  adoption  by  the  Convention  of  the 
Constitution,  as  submitted  by  the  Committee  on 
Engrossment  and  Revision,  770. 

Convention ,  future  call  of  the , 

On  a  Resolution  submitted  by  Mr.  Abbott  to 
authorize  the  President  to  call  the  Convention 
again,  if  rendered  necessary,  630,  631. 

Counties. 

On  amendments  submitted  by  Messrs.  Duvall 
and  Hebb,  to  section  1,  Report  of  Committee  on 
Rights,  Duties,  Divisions  and  Sub-divisions  of 
counties,  427,  428. 

Debates. 

On  an  order  submitted  by  Mr.  Smith,  of  Car- 
roll,  to  allow  Messrs.  Miller  and  Daniel  to  sub¬ 
mit  the  remainder  of  their  speeches  not  delivered, 
to  the  Reporter,  to  be  incorporated  with  the  De¬ 
bates,  178. 

On  the  adoption  of  a  motion  of  Mr.  Chambers 
on  an  order  submitted  by  Mr.  Stockbridge,  rela¬ 
ting  to  the  close  of  debate  on  Article  IY,  of  the 
Declaration  of  Rights,  179. 

On  a  motion  of  Mr.  Sands,  to  reconsider  the  vote 
closing  the  debate  on  Article  IY,  Declaration  of 
Rights,  202. 

On  a  motion  of  Mr.  Hebb,  to  lay  on  the  table 
the  adoption  of  the  order  to  close  debate  on  Arti¬ 
cle  IY,  Declaration  of  Rights,  204. 

On  the  adoption  of  an  order  by  Mr.  Hebb,  and 


106 


842 


YEAS  AND  NAYS— 

Debates. 

on  an  amendment  submitted  by  Thomas,  to  close 
the  debate  on  Article  XXIII,  Declaration  of 
Rights,  221,  222. 

On  an  order  submitted  by  Mr.  Abbott,  and 
amendments  to  same,  submitted  by  Messrs.  Stock- 
bridge,  Thomas,  Belt  and  Cushing,  in  reference 
to  limiting  debate  on  all  questions  before  the 
Convention,  230  to  233. 

On  the  adoption  of  a  motion  of  Mr.  Jones,  of 
Somerset,  to  grant  further  time  to  Mr.  Edelen 
to  complete  a  speech  before  the  Convention,  307. 

On  a  motion  of  Mr.  Purnell,  and  amendments 
submitted  by  Messrs.  Dent  and  Daniels,  in  regard 
to  limiting  debate,  562,  564. 

On  motion  of  Mr.  Mayhugh,  to  lay  on  the 
table,  an  order  submitted  by  Mr.  Barron,  to  al¬ 
low  each  member  but  five  minutes  on  any  ques¬ 
tion,  650. 

Declaration  of  Rights. 

On  the  adoption  of  the  first  clause  of  Article  I, 
Declaration  of  Rights,  95. 

On  the  adoption  of  the  second  clause  of  ^Article 
I,  Declaration  of  Rights,  96. 

.  On  a  motion  of  Mr.  Chambers,  to  postpone  ac¬ 
tion  on  the  Report  on  Declaration  of  Rights,  97. 

-  On  an  amendment  by  Mr.  Peter,  to  Article  II, 
of  the  Declaration  of  Rights,  102. 

On  the  first  clause  of  an  amendment  submitted 
Mr.  Marbury,  to  Article  III,  103. 

On  the  second  clause  of  same  amendment  by 
Mr.  Marbury,  104. 

On  an  amendment  to  Article  III,  submitted  by 
Mr.  Belt,  105. 

On  an  amendment  submitted  by  Mr.  Daniel,  to 
strike  out  Article  XI Y,  and  insert  another,  106, 
107. 

On  the  adoption  of  an  amendment  submitted  by 
Mr.  Greene,  to  an  amendment  by  Mr.  Scott,  to 
strike  out  Article  XIY,  relating  to  the  assessment 
of  property  and  the  payment  of  taxes,  110. 


843 


YEAS  AND  NAYS— 

Declaration  of  Rights. 

On  an  amendment  submitted  by  Mr.  Miller,  to 
Article  XIV,  to  impose  a  penalty  for  refusing  or 
neglecting  to  vote  without  reasonable  excuse, 

111. 

On  an  amendment  submitted  by  Mr.  Ridgely, 
to  the  amendment  adopted,  submitted  by  Mr. 
Greene,  112. 

On  an  amendment  submitted  by  Mr.  Stirling, 
to  the  amendment  of  Mr.  Greene,  114. 

On  the  adoption  of  an  amendment  by  Mr.  Gal¬ 
loway,  to  Mr.  Scott’s  amendment  of  Article 
XIV,  in  regard  to  levying  taxes,  123,  124. 

On  the  amendment  of  Mr.  Scott,  as  amended  by 
Mr.  Galloway,  to  Article  XIV,  125. 

On  an  amendment  submitted  by  Mr.  Miller,  to 
Article  XVIII,  to  insert  the  word  “free,”  128. 

On  an  amendment  submitted  by  Mr.  Clarke,  to 
Article  XVIII,  by  adding  that  no  free  man  shall 
be  held  to  answer  for  charges  before  a  military 
tribunal,  except  in  certain  cases,  129. 

On  an  amendment  submitted  by  Mr.  Clarke,  to 
Article  XXII,  so  as  not  to  prevent  the  Legislature 
from  passing  such  laws  as  may  be  necessary  for 
the  government,  regulation  and  disposition  of  the 
free  colored  population  of  this  State,  129,  130. 

On  an  amendment  submitted  by  Mr.  Chambers, 
to  Article  XXII,  to  strike  out  the  word  “man,” 
and  insert  the  word  “citizen,”  130. 

On  an  amendment  submitted  by  Mr.  Clarke,  to 
an  amendment  by  Mr.  Stirling,  to  Article  XXVI, 
138,  139. 

On  the  adoption  of  the  amendment  submitted  by 
Mr.  Stirling,  to  Article  XXVI,  140. 

On  the  final  adoption  of  Article  XXVI,  as 
amended,  140,  141. 

On  the  adoption  of  an  amendment  submitted  by 
Mr.  Sands,  to  an  amendment  by  Mr.  Clarke,  to 
Article  IV,  150. 

On  an  amendment  submitted  by  Mr.  Clarke,  to 
Article  XXXI,  to  provide  that  no  person  shall  be 
held  to  answer  for  any  charge  or  crime  before  a 
military  tribunal,  except  in  certain  cases,  159. 


844 


YEAS  AND  NAYS— 

Declaration  of  Rights. 

On  an  amendment  submitted  by  Mr.  Stockbridge 
to  Article  XXXII,  164. 

On  an  amendment  submitted  by  Mr.  Miller,  to 
an  amendment  by  Mr.  Stirling,  to  strike  out  the 
word  ‘‘allegiance/'  and  insert  the  word  “support,” 
of  Section  XXXYI,  165. 

On  an  amendment  submitted  by  Mr.  Stock- 
bridge  to  strike  out  Article  XXXVII,  166. 

On  an  amendment  submitted  by  Mr.  Jones,  of 
Somerset,  to  Article  XXXIX,  168. 

On  an  amendment  submitted  by  Mr.  Abbott,  to 
Article  XXXIX,  168. 

On  an  amendment  submitted  by  Mr.  Clarke,  to 
Article  XLIV,  in  regard  to  amending  the  Consti¬ 
tution  by  the  Legislature,  169. 

«• 

On  an  amendment  submitted  by  Mr.  Stock- 
bridge,  to  an  amendment  by  Mr.  Jones,  of  Somer¬ 
set,  to  Article  XLV,  relating  to  freedom  of  speech, 
172. 

On  putting  the  main  question  on  Article  IV,  of 
the  report,  176. 

Op  an  amendment  submitted  by  Mr.  Briscoe,  to 
Article  IV,  to  strike  out  the  word  “paramount,” 

199. 

On  an  amendment  submitted  by  Mr.  Chambers, 
to  Article  IV,  201. 

On  the®final  adoption  of  Article  IV,  Declaration 
of  Rights,  204. 

On  an  amendment  submitted  by  Mr.  Brown  to 
Article  XXIII,  to  provide  for  the  maintenance  of 
the  helpless  and  paupers  emancipated,  224. 

On  the  final  adoption  of  Article  XXIII,  225. 

Ori  an  amendment  submitted  by  Mr.  Briscoe  to 
Article  III,  relating  to  arbitrary  power  in  a  re¬ 
public,  234. 

On  a  motion  of  Mr.  Stirling  to  suspend  the 
Rules  to  give  the  report  as  amended,  of  the  ma¬ 
jority  of  Committee  on  the  Declaration  of  Rights, 
a  third  reading,  235. 


845 


YEAS  AND  NAYS— 

Declaration  of  Eights. 

On  the  adoption  of  an  order  submitted  by  Mr. 
Briscoe,  that  the  Declaration  of  Rights  as  amend¬ 
ed,  be  made  the  order  of  the  day  for  Monday, 
June  11,  236. 

On  the  third  reading  of  majority  Report  as 
amended,  236. 

Education. 

On  an  amendment  submitted  by  Mr.  Todd  to 
section  1,  of  report  on  Education,  436. 

On  an  amendment  by  Mr.  Hebb  to  same,  437. 

On  a  motion  of  Mr.  Edelen  to  strike  out  section 
2,  439,  440. 

On  an  amendment  submitted  by  Mr.  Parnell  to 
section  2,  441. 

On  an  amendment  submitted  by  Mr.  Miller  to 
section  5,  441,  442. 

On  amendments  submitted  by  Messrs.  Miller 
and  Duvall,  to  section  6,  453,  454. 

On  the  adoption  of  section  6  as  amended,  455. 

On  an  amendment  submitted  by  Mr.  Duvall  to 
section  7,  to  exclude  free  negro  children  from  be¬ 
ing  educated  out  of  the  School  Fund,  455. 

On  an  amendment  submitted  by  Mr.  Berry,  of 
Prince  George’s,  to  section  1,  459. 

On  the  final  adoption  of  the  amended  report  of 
the  Committee  on  Education,  657. 

Election  of  Members. 

On  an  order  submitted  by  Mr.  Chambers,  re¬ 
questing  the  Committee  on  Elections  to  report, 
240. 

On  an  order  submitted  by  Mr.  Cushing,  that 
the  Committee  be  ordered  to  report  that  all  mem¬ 
bers  holding  seats  in  the  Convention  are  duly 
elected,  241. 

On  concurring  in  the  report  of  the  Committee 
on  Elections.  435. 

Elective  Franchise. 

On  an  amendment  submitted  by  Mr.  Davis,  of 


846 


YEAS  AND  NAYS— 

Elective  Franchise. 

Charles,  to  section  1,  report  on  Elective  Franchise, 
relating  to  conviction  for  disloyalty  462. 

On  a  motion  of  Mr.  Davis,  of  Charles,  to  fill 
a  blank  in  an  amendment  offered  by  Mr.  Stirling 
to  section  2,  with  January  1,  1865,  465. 

On  an  amendment  submitted  by  Mr.  Berry,  of 
Prince  George’s,  to  the  amendment  by  Mr.  Stir¬ 
ling  relating  to  challenging  voters,  466. 

On  the  amendment  submitted  by  Mr.  Stirling 
to  strike  out  section  2,  and  insert  a  new  section, 
467. 

On  an  amendment  submitted  by  Mr.  Scott,  to 
section  1,  469,  471. 

On  an  amendment  submitted  by  Mr.  Bidgely, 
to  strike  out  section  6,  and  insert  another,  476. 

On  an  amendment  submitted  by  Mr.  Miller,  to 
section  7,  477. 

On  an  amendment  submitted  by  Mr.  Miller,  to 
strike  out  section  2,  and  insert  a  section  from  the 
report  of  the  minority,  478. 

On  Mr.  Stirling’s  amendment  to  Mr.  Scott’s 
amendment,  to  section  5,  506,  507. 

On  the  adoption  of  Mr.  Scott’s  amendment,  to 
section  5,  as  amended,  508. 

On  an  amendment  submitted  by  Mr.  Stock- 
bridge,  to  section  3,  510. 

On  an  amendment  submitted  by  Mr.  Duvall,  to 
insert  an  additional  section  in  the  report,  511. 

On  an  amendment  submitted  by  Mr.  Stirling, 
to  add  a  new  section,  512. 

On  the  final  adoption  of  the  Beport  of  the  Com¬ 
mittee  on  Elective  Franchise  as  amended,  632. 

Eligibility  of  Members. 

On  a  motion  of  Mr.  Stirling,  to  lay  on  the  ta¬ 
ble  an  order  submitted  by  Mr.  Miller,  relating  to 
the  Eligibility  of  Members  of  the  Convention, 
229. 

Engrossment  and  Revision. 

On  concurring  in  the  report  of  the  Committee 
on  Engrossment  and  Bevision,  686. 


847 


YEAS  AND  NAYS— 


Enlistments. 

On  an  order  offered  by  Mr.  Berry,  of  Prince 
George  s,  as  amended  by  Mr.  Stirling,  to  ascer¬ 
tain  the  number  of  men  enlisted  in  the  United 
States  service  from  this  State,  525. 

On  a  motion  of  Mr.  Todd,  reconsider  the  vote 
taken  on  the  preceding  order,  526. 

On  an  amendment  submitted  by  Mr  Hebb  to 
an  order  offered  by  Mr.  Berry,  of  Prince  George’s, 
in  reference  to  recruits  from  this  State,  and  to  ob¬ 
tain  proper  credits  for  all  that  have  enlisted  since 
the  beginning  of  the  war,  541,  542. 

On  a  motion  offered  by  Mr.  Stirling,  to  indefin- 
ately  postpone  the  whole  subject,  542,  543. 

Executive  Department. 

On  an  amendment  submitted  by  Mr.  Abbott,  to 
section  5,  Report  on  Executive  Department,  491. 

6  492Mr'  Smith;  °f  Carroll>  t0  strike  out  section 

By  Mr.  Scott,  to  amend  section  11,  493. 

On  the  third  reading  and  final  passage  of  the 
Keport  ot  the  Committee,  as  amended,  633,  634. 

Free  Negroes  and  Mulattoes. 

On  an  amendment  submitted  by  Mr.  Clarke,  to 
the  -Report  on  the  Legislative  Department,  to  pre- 
vent  free  negroes  and  mulattoes  from  settlin'-  in 
this  State  after  the  adoption  of  this  Constitution 


Interest  and  Usury. 

On  an  amendment  by  Mr.  Negley,  to  an  amend¬ 
ment  by  Mr  Abbott,  to  limit  the  rate  of  interest 
on  money,  697,  698. 

On  the  amendment  by  Mr.  Abbott,  to  adopt 
such  i  ates  as  Congress  now  or  may  hereafter  allow 
on  loans  of  the  United  States,  698. 

On  an  amendment  by  Mr.  Belt,  to  fix  the  le<-al 
rate  at  six  per  cent,  but  to  allow  contracts  pi¬ 
ties  to  agree  on  as  high  a  rate  as  ten  percent., 


848 


YEAS  AND  NAYS— 


Interest  and  Usury. 

On  the  third  reading  and  final  passage  of  the 
report  of  Committee  on  Interest  and  Usury,  699. 

Journal  of  Debates. 

On  an  amendment  by  Mr.  Greene,  to  an  order 
offered  by  Mr.  Hebb,  directing  the  Secretary  to 
forward  copies  of  the  Journal  of  Debates  to  the 
members,  after  the  adjournment  of  the  Conven¬ 
tion,  683. 

Judiciary. 

On  an  amendment  submitted  by  Mr.  Abbott,  to 
section  2,  Judiciary  Report,  514. 

On  an  amendment  submitted  by  Mr.  Thruston, 
to  same  section,  515. 

On  amendments  submitted  by  Mr.  Sands,  to 
section  10,  522,  523. 

On  a  motion  of  Mr.  Mullikin,  to  reconsider  the 
vote  on  section  11,  527. 

On  an  amendment  by  Mr.  Jones,  of  Somerset, 
to  an  amendment  by  Mr.  Mullikin,  to  section  11, 
528. 

On  the  amendment  to  section  11,  as  amended 
by  Mr.  Thruston,  529. 

On  the  adoption  of  an  amendment  by  Mr. 
Abbott,  to  section,  12. 

On  the  adoption  of  an  amendment  by  Mr. 
Thruston,  to  an  amendment  by  Mr  Dent,  to  sec¬ 
tion  12,  532. 

On  the  adoption  of  the  amendment  of  Mr. 
Dent,  as  amended  by  Mr.  Thruston,  to  section  12, 
534. 

On  the  adoption  of  an  amendment  by  Mr. 
Davis,  of  Washington,  to  section  14,  535. 

On  the  adoption  of  an  amendment  submitted  by 
Mr.  Sands,  to  an  order  offered  by  Mr.  Audoun,  to 
recommit  the  report  to  the  Committee,  with  all  the 
amendments,  and  giving  certain  instructions,  558, 
559. 

On  amendments  to  same  submitted  by  Messrs. 
Stirling  and  Ridgely,  559,  560. 


4 


849 


YEAS  AND  NAYS— 

Judiciary. 

On  the  adoption  of  the  first  clause  of  an  amend¬ 
ment  submitted  by  Mr.  Hebb,  to  section  3,  to  pro¬ 
vide  for  the  election  of  Judges  of  the  Court  of  Ap¬ 
peals,  566. 

On  an  amendment  submitted  by  Mr.  Chambers, 
to  an  amendment  by  Mr.  Hebb,  relating  to  the 
term  of  office  of  Judges  of  the  Court  of  Appeals, 
567. 

On  an  amendment  to  same,  by  Mr.  Berry,  of 
Prince  George’s,  567. 

By  Mr.  Thruston,  569. 

By  Mr.  Negley,  clause  first,  570. 

Clause  second,  571. 

On  a  motion  of  Mr.  Berry,  of  Prince  George’s, 
to  reconsider  section  12,  where  the  word  “appoin¬ 
ted,”  was  stricken  out,  and  the  word  “elected,” 
inserted,  572. 

On  an  amendment  submitted  by  Mr.  Miller  to 
an  amendment  by  Mr.  Hebb,  in  reference  to  the 
division  of  the  State  into  Judicial  Districts,  to  pro¬ 
vide  for  the  election  of  Judges,  and  their  eligibili¬ 
ty  to  office,  576. 

On  an  amendment  by  Mr.  Schley,  to  the  amend¬ 
ment  of  Mr.  Hebb,  as  amended  by  Mr.  Miller,  to 
require  the  respective  counties  to  pay  their  Circuit 
Judges,  579. 

On  the  amendment  by  Mr.  Hebb,  as  amended 
in  the  preceding  votes,  580. 

On  an  amendment  submitted  by  Mr.  Plebb,  to 
divide  the  State  into  Judicial  Districts,  581. 

On  an  amendment  submitted  by  Mr.  Sands,  to 
section  22,  by  Mr.  Duvall,  to  same,  584. 

On  an  amendment  submitted  by  Mr.  Stirling, 
to  section  25,  588. 

On  amendments  submitted  by  Messrs.  Thomas 
and  Davis  of  Washington,  to  the  amendment  of 
section  25,  589. 

On  an  amendment  submitted  by  Mr.  Ridgely,  to 
strike  out  section  25,  and  insert  a  new  section  de¬ 
fining  the  powers  of  Orphans’  Courts,  591,  592. 


850 


YEAS  AND  NAYS— 

Judiciary. 

On  the  adoption  of  an  amendment  by  Mr. 
Thomas,  to  section  27,  styling  the  different  Courts, 
fixing  the  terms  of  the  Judges,  providing  for  their 
election,  removal  and  jurisdiction,  607,  608, 

On  an  amendment  submitted  by  Mr.  Abbott,  to 
Section  32,  610. 

On  a  motion  of  Mr.  Galloway,  to  reconsider  the 
vote  on  the  adoption  of  section  37,  654. 

On  a  motion  of  Mr.  Farrow,  to  reconsider  the 
vote  adopting  section  29,  689,  690. 

On  the  third  reading  and  final  passage  of  the 
Judiciary  Report  as  amended,  692. 

Justices  of  the  Peace  and  Constables. 

m  On  an  amendment  by  Mr.  Audoun  to  the  Ju¬ 
diciary  Report,  relating  to  Justices  of  the  Peace 
and  Constables,  620. 

On  an  amendment  by  Mr.  Daniel  to  section  37, 
Judiciary  Report,  in  relation  to  Justices  of  the 
Peace  and  Constables,  623. 

On  an  amendment  by  Mr.  Hebb  to  an  amend¬ 
ment  by  Mr.  Stockbridge,  to  provide  for  the  ap¬ 
pointment,  removal  and  jurisdiction  of  Justices 
of  the  Peace  and  Constables,  623. 

Legislative  Department. 

On  a  motion  of  Mr.  Miller  to  reconsider  the  vote 
adopting  section  2,  Report  on  the  Legislative  De¬ 
partment,  237- 

On  an  amendment  by  Mr.  Thomas  to  section  5, 
to  provide  for  holding  annual  sessions  of  the  Le¬ 
gislature,  239. 

On  an  amendment  by  Mr.  Ridgely  to  section  6, 
relating  to  the  sessions  of  the  Legislature,  and  the 
pay  of  members,  243. 

On  an  amendment  by  Mr.  Daniel  to  section  9, 
249. 

On  an  amendment  by  Mr.  Miller  to  section  21, 
259. 

On  an  amendment  by  Mr.  Belt  to  provide  that 
no  law  shall  be  passed  to  disfranchise  or  to  dis¬ 
qualify  any  person  from  holding  office,  except 


YEAS  AND  NAYS— 

Legislative  Department. 

upon  conviction  before  proper  Judicial  Tribunals, 
261. 

On  an  amendment  by  Mr.  Miller  to  section  42, 
269. 

On  an  amendment  by  Mr.  Scbley  to  section  42, 
269. 

On  a  motion  of  Mr.  Sands  to  reconsider  the 
vote  on  the  amendment  by  Mr.  Schley,  278. 

On  a  motion  of  Mr.  Negley  to  return  to  the 
consideration  of  section  42,  280. 

On  an  amendment  by  Mr  -  Negley  to  same,  281. 

On  an  amendment  by  Mr.  Belt  to  strike  out  the 
words  “West  Virginia/’  in  section  47,  281. 

On  an  amendment  by  Mr.  Belt  to  section  47,  to 
provide  against  the  cession  of  territory  during  the 
war,  288. 

On  the  adoption  of  section  47,  as  reported  by 
the  Committee,  289. 

On  the  adoption  of  an  amendment  by  Mr. 
Stockbridge  to  section  19,  relating  to  the  punish¬ 
ment  of  crime,  292. 

On  the  adoption  of  the  second  clause  of  Mr. 
Stockbridge’s  amendment  to  section  19,  to  provide 
for  the  assessment  and  collection  of  Taxes,  &c., 
293. 

On  the  adoption  of  the  tenth  clause  of  the 
amendment  to  section  19,  to  provide  for  refunding 
money  paid  into  the  Treasury,  395. 

On  the  adoption  of  an  amendment  by  Mr. 
Chambers  to  an  amendment  by  Mr.  Ridgely,  re¬ 
lating  to  the  sale  of  the  State’s  interest  in  Works 
of  Internal  Improvement,  299. 

On  a  motion  of  Mr.  Jones,  of  Somerset,  to  in¬ 
formally  pass  over  section  40,  305. 

On  putting  the  main  question  for  the  adoption 
of  section  40,  306,  308. 

On  an  amendment  by  Mr.  Dent,  to  strike  out 
section  40,  309. 

On  the  adoption  of  section  40,  310. 

On  an  amendment  by  Mr.  Jones,  of  Somerset, 
to  an  amendment  by  Mr.  Miller,  to  provide 


852 


YEAS  AND  NAYS— 

Legislative  Department . 

for  the  apprenticeship  of  negroes  who  are  minors, 

311. 

On  the  adoption  of  an  amendment  by  Mr.  Stirl¬ 
ing,  to  an  amendment  by  Mr.  Jones,  of  Somerset, 
in  regard  to  the  proper  distribution  by  the  Legis¬ 
lature  of  any  grant  or  donation  of  land  to  the 
State  by  the  United  States,  320. 

On  proceeding  to  the  consideration  of  section  39, 
and  on  referring  said  section  to  a  special  Commit¬ 
tee,  345  to  349. 

On  the  third  reading  and 'final  passage  of  the 
report  as  amended,  on  the  Legislative  Depart¬ 
ment,  634,  635. 

Librarian . 

On  an  order  submitted  by  Mr.  Thomas,  to  com¬ 
pensate  the  Librarian  for  purchasing  stationery, 
&c.,  for  the  Convention,  628. 

Marriage. 

On  an  amendment  by  Mr.  Russell,  to  the  Re¬ 
port  of  Committee  on  the  Legislative  Department, 
to  provide  for  a  change  in  the  laws  regulating  the 
ceremony  of  marriage,  and  for  the  registration  of 
all  marriages,  324,  325. 

On  amendments  by  Messrs.  Duvall,  Stirling 
and  others,  to  Mr.  Russell’s  amendment,  specify&- 
ing  the  manner  in  which  marriages  may  be  sol¬ 
emnized,  and  to  provide  for  the  "registration  of 
births,  marriages  and  deaths,  328,  330,  331, 
332. 

Maryland  Soldiers. 

On  Mr.  Stirling’s  resolutions,  thanking  the 
Maryland  Soldiers  for  their  gallantry,  65. 

Militia  and,  Military  Affairs. 

On  an  amendment  by  Mr.  Negley,  on  Militia 
and  Military  affairs,  in  relation  to  exemption  from 
military  duty,  643,  644. 

On  an  amendment  by  Mr.  Lansdale,  644. 

On  the  adoption  of  section  1,  as  amended  bv 
Mr.  Negley,  645,  646. 

On  the  third  reading  and  final  passage  of  the 
Report  on  Militia  and  Military  affairs,  662. 


853- 


YEAS  AND  NAYS— 

Officers  of  the  State. 

On  an  order  submitted  by  Mr.  King,  to  secure 
to  all  persons  now  holding  office  in  the  State, 
their  full  term  unimpaired,  6b. 

Per  Diem. 

On  a  motion  of  Mr.  Daniel,  to  lay  on  the  table 
an  order  submitted  by  Mr.  Schley,  that  the  per 
diem  of  members  shall  cease  on  and  after  June 
27,  93. 

On  an  amendment  submitted  by  Mr.  Lee,  to  an 
order  of  Mr.  Ridgely,  relating  to  the  per  diem  and 
mileage  of  members,  707,  715,  716,  717,  718. 

On  the  order  of  Mr.  Ridgely,  to  allow  the  Presi¬ 
dent  of  the  Convention  and  the  Committee  on  Ac¬ 
counts  extra  per  diem,  708. 

-»  Public  Works. 

On  various  amendments  submitted  by  Messrs. 
Clarke,  Stirling  and  other  members  relating  to  the 
sale  of  the  States’  interest  in  Public  Works,  393, 
394,  395,  398,  399,  401,  402. 

On  the  adoption  of  an  amendment  to  the  report 
on  the  Legislative  Department,  to  authorise  cer¬ 
tain  counties  to  create  a  debt  for  the  purchase  of 
the  States’  interest  in  the  Chesapeake  and  Ohio 
Canal,  407. 

Removal  of  the  Convention. 

On  a  motion  to  lay  on  the  table  the  removal  of 
the  Convention  to  Baltimore  city,  14. 

On  an  amendment  to  an  order  offered  relating 
to  the  removal  of  the  Convention  to  Baltimore 
city,  20,  21. 

Revision ,  Commissioners  of. 

On  an  amendment  submitted  by  Mr.  Stockbridge, 
to  the  report  of  the  Committee  on  “Schedule,”  to 
authorise  the  Governor  to  appoint  Commissioners 
of  Revision,  to  draft  bill  for  the  Legislature,  &c., 
667,  668. 

Rights ,  Duties ,  Divisions  and  Sub-divisions  of  Counties. 

On  an  amendment  submitted  by  Mr.  Ridgely, 
relating  to  changes  of  county  boundaries,  659. 


854 


YEAS  AND  NAYS— 

Rights,  Duties,  Divisions  and  Sub-divisions  of  counties 

ci2si,r zsesz  cl;amtWs  **  "f 

offer  amendments  to  the  Report  660 ' lble  th<3m  to 

Report  t  Imend^tl.  “d  ***  *“"»>  of  «» 

Rules  and  Ordevs 

lhs  *- 

the  Convention,  69,  73?  75^  gj  '  '  g0' ernment  of 
109  n  "  m°ti0n  °f  ^  ^Wto  amend  Rule  43, 

116.  8  m0li0A  ^r-  Cushing,  to  amend  Rule 

Of  the  ^affthf«£t?Iarf°’  fr0m  the  decision 

117.  on  the  adoption  of  a  vote  on  the  Rules 

118  n  *he  ad°ptl6n  of  an  amendment  to  Rule  43, 

384.  a  mot;’on  01  1,Pr-  Rebb,  to  amend  Rule  44, 

Schedule, 

On  a  motion  of  Mr  Daniel  n 

consideration  of  the  r^nort  nf\h  ^  t0  the 
•Schedule,  663.  1  tne  Committee  on 

On  an  amendment  submitted  by  Mr  Cfirl-A  + 
section  1,  of  the  Report,  665.  "  *  ‘  ^Q’  to 

theOReaportm6?0ment  S’lbmitted  b*  Mr’  **«»,  to 
On  the  adoption  of  section  1,  second  part,  671. 

Un  an  amendment  bv  Mr  RpnL-m  + 

prevent  military  interference  at  eleotiotisSiTS11 573° 

«  ».£2*Cfr«2>  y 

of  Report,  674,  675.  ‘  '  nt 5  to  section  2, 

On  the  adoption  of  section  2,  second  part,  675 

Un  an  amendment  bv  Mr  ]>iri«  n^ni  i 

section  2,  of  Part  3,  676,  677.  ’  Charles,  to 

On  an  amendment  of  Mr  Rnvoii  + 
bribery  of  Soldiers  in  voting,' '678  ’  P‘'eVent 

On  -an  amendment  by  Mr  Edplpn  h  • 

~  *'«  the  Sthibil  Ci- 


855 


YEAS  AND  NAYS— 

Schedule . 

ministered  only  when  votes  are  challenged,  680, 
681. 

On  the  third  reading  and  final  passage  of  the 
Eeport  as  amended,  687. 

Sessions  of  the  Convention. 

On  the  hour  of  commencing  daily  sessions,  92. 

On  an  order  offered  to  hold  afternoon  sessions, 
132. 

On  commencing  the  morning  sessions  at  10, 
142. 

On  reconsidering  the  vote  to  hold  two  sessions 
daily,  197. 

On  the  adoption  of  a  motion  to  lay  on  the  table 
the  proposition  to  hold  two  sessions  daily,  198. 

On  a  motion  of  Mr.  Abbott,  to  lay  on  the  table 
an  order  offered  by  Mr.  Schley,  to  take  a  recess 
daily,  284. 

On  the  adoption  of  an  order  by  Mr.  Stirling,  to 
hold  evening  sessions,  272. 

On  the  adoption  of  the  order  of  Mr.  Schley, 
285. 

On  a  motion  of  Mr.  Chambers,  to  rescind  the 
order  for  holding  evening  sessions,  357. 

On  a  motion  of  Mr.  Mullikin,  to  lay  on  the 
table  an  order  offered  by  Mr.  Yalliant,  to  hold 
three  daily  sessions,  613,  614. 

On  the  adoption  of  the  order  to  hold  three  daily 
sessions,  614,  615. 

Slaves  and  Slavery , — and  oiuners  of  Slaves. 

On  the  adoption  of  a  new  section  to  the  report 
on  the  Legislative  Department,  to  provide  for 
the  maintenance  of  slaves  unable  to  support  them¬ 
selves,  313,  318. 

On  the  call  of  the  previous  question  on  same, 

317. 

On  a  new  section  submitted  by  Mr.  Clarke,  to 
the  Legislative  Eeport,  and  the  amendments  sub¬ 
mitted  to  said  section  by  Messrs.  Belt  and  Barron, 
to  provide  by  law  for  taking  an  inventory  of  the 


856 


YEAS  AND  NAYS— 


Slaves  and  Slavery and  Owners  of  Slaves. 

number,  ages  and  sex  of  slaves  held  by  the  owners 
of  same  up  to  a  certain  period,  333,  334,  335,  404. 

On  the  adoption  of  a  motion  to  reconsider  Mr. 
Clarke’s  amendment,  336. 

On  an  amendment  by  Mr.  Stirling,  making  it  a 
penal  offence  to  hold  slaves  after  the  adoption  of 
this  Constitution,  606,  607. 

On  a  motion  to  take  up  an  order  offered  by  Mr. 
Abbott,  and  on  the  motion  of  same,  to  recommend 
the  Governor  to  pardon  all  persons  now  in  con¬ 
finement  for  violating  slave  laws,  711,  712. 


State’s  Attorneys. 


On  an  amendment  submitted  by  Mr.  Daniel,  to 
the  report  on  State’s  Attorneys,  543. 

On  an  amendment  by  Mr.  Audoun,  545. 

On  an  amendment  by  Mr.  Stirling,  545. 

On  an  amendment  by  Mr.  Thomas,  549. 

On  an  amendment  by  Mr.  Daniel,  553. 

On  the  first  clause  of  an  amendment  submitted 
bv  Mr.  Chambers,  554. 

On  the  second  clause  of  the  amendment  by  Mr. 
Chambers,  555. 

On  the  third  reading  and  final  passage  of  the 
report  as  amended,  662. 


Collins  Tatman. 


On  an  order  offered  by  Mr.  Ridgely,  to  allow 
Collins  Tatman  extra  compensation  for  his  duties 
as  folder  to  the  Convention,  683. 


Treasury  Department . 


On  the  third  reading  and  final  passage  of  the 
report  of  the  Committee  on  the  Treasury  Depart¬ 
ment,  658, 


